Legal Opinion

McElhinney v. City of Superior

Nebraska Supreme Court

Decided September 15, 1891PublishedCited by 14 opinions

Appeal from the district court for Nuckolls county. Heard below before Morris, J. Hull v. Baird, 35 N. W. Rep. [Ia.], 612, and cases; State ex rel. Fuller, v. Martin, 27 Neb., 441. As to the power to incur expenditure: 1 Dillon, Mun. Corp., sec. 292, and cases; Cook Co. v. Me Orea, 93 111., 236; Ottawa v. Carey, 108 U. S., 110; Kelly v. Milan, 21 Fed. Rep. [Tenn.], 842; Ravenna v. Pa.

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Appeal from the district court for Nuckolls county. Heard below before Morris, J. Hull v. Baird, 35 N. W. Rep. [Ia.], 612, and cases; State ex rel. Fuller, v. Martin, 27 Neb., 441. As to the power to incur expenditure: 1 Dillon, Mun. Corp., sec. 292, and cases; Cook Co. v. Me Orea, 93 111., 236; Ottawa v. Carey, 108 U. S., 110; Kelly v. Milan, 21 Fed. Rep. [Tenn.], 842; Ravenna v. Pa. Co., 45 O. St., 118; Belle v. Platte-ville, 71 Wis., 139; Richmond v. McGirr, 78 Ind., 192; Henke v. McCord, 55 la., 378; Williams v. Davidson, 43 Tex., 33; McCann v. Otoe Co., 9 Neb., 324; Stewart v. Otoe Co.,…

1Opinion of the CourtNorval, J.

In November, 1889, the council of the city of Superior passed an ordinance known as “Ordinance No. 120,” by which the city gave to Robert Guthrie permission and authority to construct and operate an electric light plant and power in the city of Superior, and for that purpose authorized him to use the streets, avenues, alleys, and public grounds of the city for erecting poles, wires, and other appliances. This franchise was to continue for the period of thirty years.

Subsequently, and on the 24th day of November, 1889, the city council passed an ordinance known as “ Ordinance No. 121,” by which…

2Cases cited3 opinions

  1. Grand Island Gas Co. v. WestNebraska Supreme Court · 1890
  2. City of Blair v. LantryNebraska Supreme Court · 1887
  3. State ex rel. Fuller v. MartinNebraska Supreme Court · 1889

3Cited by14 opinions

  1. Frazier v. State by and Through PittmanMississippi Supreme Court · 1987
  2. Roberts v. City of FargoNorth Dakota Supreme Court · 1901
  3. Christensen v. City of FremontNebraska Supreme Court · 1895
  4. Woodruff v. WeltonNebraska Supreme Court · 1904
  5. Fischer v. MarshNebraska Supreme Court · 1925

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