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Code · Nebraska · Chapter 84 — State Officers

84-203. Attorney General; actions by or against the state; duties.

314 words·~1 min read·/ne/chapter-84/84-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Attorney General is authorized to appear for the state and prosecute and defend, in any court or before any officer, board or tribunal, any cause or matter, civil or criminal, in which the state may be a party or interested. If the Director-State Engineer shall have drawn any plans or specifications for the construction of bridges or other public structures for any county in this state, and such plans shall have been adopted by any such county and bids let thereon, and the same constructed by any person, corporation or association, and suit is brought against such county, person, corporation or association for damages on account of the infringement of any alleged United States patent, in any court, state or federal, it shall be the duty of the Attorney General to intervene in said suit in behalf of the state and defend it, or, if intervention cannot be had, then the Attorney General shall take charge of the suit for such county, person, corporation or association, and defend it, or he may employ counsel to do so, and the fee of such counsel and other expenses shall be paid from appropriations made to the office of the Attorney General.
Attorney General is not authorized to enter voluntary appearance of state in workmen's compensation case. Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939).
Assistant attorney general does not have authority to sign informations. Lower v. State, 106 Neb. 666, 184 N.W. 174 (1921).
Voluntary appearance by the Attorney General on behalf of the state and his failure to object to the jurisdiction of the court could not bind state. McShane v. Murray, 106 Neb. 512, 184 N.W. 147 (1921).
Attorney General has no general authority to appear in suits against state in federal court and consent to waiver of state's immunity from suit. O'Connor v. Slaker, 22 F.2d 147 (8th Cir. 1927).
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