Darst v. Griffin
Nebraska Supreme Court
Appeal from the district court for Burt county. Heard below before Wakeley, J. The act is unconstitutional and is not authority for the proceedings in this case.
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Appeal from the district court for Burt county. Heard below before Wakeley, J. The act is unconstitutional and is not authority for the proceedings in this case. (Jones v. Com’rs, 5 Neb, 561; Clother v. Maher, 15 Id., 6; Reeves v. Treasurer Wood Co., 8 O. St., 339; Harward v. St Clair, 51 111., 133-4; Cypress Rond v. Hooper, 2 Mete. [Ky.], 350; Hallenbech v. Hahn, 2 Neb., 399.) The proceedings of the county boards were not sufficient to give them jurisdiction to levy the assessments. (Hoyt v. Saginaw, 19 Mich., 39; Sessions v. Crwnkilton, 20 O. St., 359-60; Warren v. City of Grand Haven, 30…
1Opinion of the CourtMaxwell, J.
This action was brought in the district court of Burt county by the plaintiff and twenty-four others against the defendants to restrain the execution of certain tax deeds and to have the special assessments declared illegal and void and canceled on the county records as clouds upon the plaintiffs’ titles to their respective tracts of land. The assessments were made to pay for the construction of a ditch which extends through a part of Burt into Washington county, and is known as the “Fish Creek Ditch Improvement.” The action was not brought until the improvement had been made so that the…
2Cases cited3 opinions
- State ex rel. Abbott v. Board of County CommissionersNebraska Supreme Court · 1879
- Barker v. City of OmahaNebraska Supreme Court · 1884
- County of Dakota v. CheneyNebraska Supreme Court · 1887
3Cited by18 opinions
- Elmen v. State Board of Equalization & AssessmentNebraska Supreme Court · 1930
- Wilson v. City of SalemOregon Supreme Court · 1893
- Seng v. PayneNebraska Supreme Court · 1910
- Drainage District No. 1 v. Richardson CountyNebraska Supreme Court · 1910
- Gutschow v. Washington CountyNebraska Supreme Court · 1905
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