Legal Opinion

Call Publishing Co. v. City of Lincoln

Nebraska Supreme Court

Decided March 19, 1890PublishedCited by 9 opinions

Error to the district court for Lancaster county. Tried below before Field, J. The holdings in Smith v. Albany, 61 N. Y., 444, Long v. Boone, 36 Ind., 60, and Currie v. Seh. List, 35 Minn., 165, are not sustained by the weight of authority. Contracts like the one under discussion are but voidable at most, and then only for fraud and collusion, in the absence of which they will be enforced. (Mayor v. Muzzy, 33 Mich., 61; Albright v. Chester, 9 Rich.

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Error to the district court for Lancaster county. Tried below before Field, J. The holdings in Smith v. Albany, 61 N. Y., 444, Long v. Boone, 36 Ind., 60, and Currie v. Seh. List, 35 Minn., 165, are not sustained by the weight of authority. Contracts like the one under discussion are but voidable at most, and then only for fraud and collusion, in the absence of which they will be enforced. (Mayor v. Muzzy, 33 Mich., 61; Albright v. Chester, 9 Rich. L. [S. Car.], 399; Junkins v. Seh. Dist., 39 Me., 222-; Geer v. Seh. Dish, 6 Yt., 76; Rogers v. Danby, ele., Soe., 19 Id., 187; Hayward v. Pilgrim…

1Opinion of the Court

Cobb, Ch. J.

The Call Publishing Company, a corporation issuing a daily and weekly newspaper, sued the city of Lincoln to recover the value of printing and publishing certain ordinances, advertisements, and public notices, required by law to be published, from July 16 to October 13, 1889, inclusive, at the legal rate of twenty-five cents per square, *152amounting to $159.25, which, having been advertised, was presented to the city council for allowance and was rejected, from which appeal was taken to the district court.

The petition alleges that one of the councilmen of the city, H. M. Bushnell, is…

2Cases cited1 opinion

  1. Grand Island Gas Co. v. WestNebraska Supreme Court · 1890

3Cited by9 opinions

  1. Berka v. WoodwardCalifornia Supreme Court · 1899
  2. Norval v. ZinsmasterNebraska Supreme Court · 1898
  3. City of Lincoln v. First National BankNebraska Supreme Court · 1945
  4. Neisius v. HenryNebraska Supreme Court · 1942
  5. City of Northport v. Northport Townsite Co.Washington Supreme Court · 1902

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