Burlington & Missouri River Railroad v. Lancaster County
Nebraska Supreme Court
This was an application for an injunction to restrain the collection of road and school taxes assessed, in the year 1874, against lands of the plaintiff lying within the county of Lancaster.
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This was an application for an injunction to restrain the collection of road and school taxes assessed, in the year 1874, against lands of the plaintiff lying within the county of Lancaster. The cause was commenced in the district court, where a preliminary injunction was allowed; but before any hearing there, the parties came before this court and submitted the cause upon the pleadings and a stipulation, of which the following is a copy: “ For the purposes of this action, the following facts are admitted to be true: First. The assessed value of real estate inside of cities, towns, and…
1Opinion of the Court
Lake, Ch. J.
This case is brought here as an original proceeding, to test the legality of certain taxes levied upon the plaintiff’s lands, and which the county treasurer threatens, and is about to collect by a seizure and sale of its property, as he is directed by law to do.
Relief is sought against two distinct kinds of taxes, the frst in order being what is known as the land road tax, and the second, those which were supposed to have been voted in the several school districts of the county, and were certified to the county clerk for entry upon the tax duplicate.
*303By a stipulation, the facts of…
2Cases cited4 opinions
- Gordon v. . CornesNew York Court of Appeals · 1872
- City of Zanesville v. RichardsOhio Supreme Court · 1855
- In re PowersSupreme Court of Vermont · 1853
- North Missouri Railroad v. MaguireSupreme Court of Missouri · 1872
3Cited by10 opinions
- Hanscom v. City of OmahaNebraska Supreme Court · 1881
- Burlington & Missouri River Railroad v. Board of County CommissionersNebraska Supreme Court · 1878
- State ex rel. Abbott v. Board of County CommissionersNebraska Supreme Court · 1879
- Cheney v. DunlapNebraska Supreme Court · 1889
- McClure v. WarnerNebraska Supreme Court · 1884
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