South Platte Land Co. v. Board of County Commissioners
Nebraska Supreme Court
This was an appeal from a decree of the district court of Buffalo county, by Gaslin, J. dismissing plaintiff’s petition. cited Sioux Oity c& Pacific P. R. v. Washington Cou/nty, 3 Neb., 43. Postlewaite v. Cleghorn, 43 111., 428. A tax founded on an assessment which, from corrupt or malicious motives, is made excessive may be enjoined in equity.
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This was an appeal from a decree of the district court of Buffalo county, by Gaslin, J. dismissing plaintiff’s petition. cited Sioux Oity c& Pacific P. R. v. Washington Cou/nty, 3 Neb., 43. Postlewaite v. Cleghorn, 43 111., 428. A tax founded on an assessment which, from corrupt or malicious motives, is made excessive may be enjoined in equity. Cooley on Taxation, 547. Albany da C. R. R. Co. v. Canaan, 16 Barb., 244. Leffert v. Board of Supervisors of Calumet Comity, 21 Wis., 688. Milwaulcee Iron Co. v. Hubbard, 29 Wis., 57. Merrill v. Humphry, 24 Mich., 170. Republic Life Insurance Co. v.…
1Opinion of the Court
Gantt, Oh. ff.
This is a suit by injunction, and in the petition it is *256substantially alleged, that the county commissioners, acting as a board of equalization for the correction of errors in the listing and valuation of property, without notice and without authority, did largely increase the assessed value of considerable portions of plaintiff’s lands, situated in the county; that unless restrained the defendants will sell said lands, and that by these proceedings a cloud is cast upon plaintiff’s title to said lands. In the court below, the defendants made their defense by answer solely upon…
2Cases cited7 opinions
- Sioux City & Pacific Railroad v. Washington CountyNebraska Supreme Court · 1873
- Bank of Utica v. City of UticaNew York Court of Chancery · 1834
- Patten v. GreenCalifornia Supreme Court · 1859
- Johnson v. HahnNebraska Supreme Court · 1875
- Union Pacific Railroad v. Commissioners of Colfax CountyNebraska Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Carroll v. AlsupTennessee Supreme Court · 1901
- Grant v. BartholomewNebraska Supreme Court · 1899
- Spradling v. SpradlingSupreme Court of Oklahoma · 1919
- Cain v. Custer Cty. Bd. of Equal.Nebraska Supreme Court · 2015
- Woodrough v. Douglas CountyNebraska Supreme Court · 1904
14 more not listed; retrieve them via the Exa API.