
    The State of Nebraska, plaintiff in error, v. Stillman N. White, defendant in error.
    This was a case brought up by petition in error from the district court for Butler county. It was an action brought by White to recover $188.09, money alleged to have been paid for school lands of the state purchased by White, but which, as alleged in the petition, the officer acting for the state had no authority to sell. The state demurred to the petition, which, upon argument before Íost, J., was overruled, and the state electing to stand on its demurrer, judgment was entered in favor of White for the principal and interest of his claim, amounting to $620.03.
    
      W. Millet <& Son, for plaintiff in error.
    
      G. J. Phelps for defendant in error.
   Lake, J.

This case is clearly within the rule announced in the case of The State v. Stout, decided at this term. There is no law by which the defendant in error can maintain his pretended claim against the state. It is not one which the auditor is authorized to allow, and consequently was properly rejected by that officer when presented to him for audit. Besides, under the rule referred to, even if the claim were a valid one, the only mode by which the decision of the auditor can be reviewed is by appeal.

The judgment of the district court having been rendered without jurisdiction, must be reversed, and the case dismissed, at the cost of the defendant in error. .

Judgment accordingly.  