Board of County Commissioners v. McNamar
Nebraska Supreme Court
Error to the district court of Dawson county. Tried below before G-aslin, J. cited Knox County v. Aspimoall, 21 How., 544. Moran v. Miama County, 2 Black, 732. Mercer v. Hacked, 1 Wall., 83. Supervisors v. Schenk, 5 Wall., 784. Meyer v. Muscatine, 1 Wall., 384. Hamlin v. Meadville, 6 Neb., 227. The power to borrow money or issue securities does not exist to counties by implication. It must be granted by express terms, in which the terms of the grant will measure the extent.
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Error to the district court of Dawson county. Tried below before G-aslin, J. cited Knox County v. Aspimoall, 21 How., 544. Moran v. Miama County, 2 Black, 732. Mercer v. Hacked, 1 Wall., 83. Supervisors v. Schenk, 5 Wall., 784. Meyer v. Muscatine, 1 Wall., 384. Hamlin v. Meadville, 6 Neb., 227. The power to borrow money or issue securities does not exist to counties by implication. It must be granted by express terms, in which the terms of the grant will measure the extent. Dillon on Municipal Corporations, sec. 10, 81; Dillon on Municipal Bonds, sec. 6, and cases cited; Hamlin v. Meadville,…
1Opinion of the CourtLake, J.
This is a proceeding in error to reverse the judgment of the district court for Dawson county. To the petition in error, the defendant in error has formally answered, denying the errors assigned by the plaintiff, and alleging others of which he complains, and for which relief is prayed. This answer is in the nature of a cross-petition in error, and will be so treated.
The action below was brought by the defendant in error with the view of obtaining a perpetual injunction against the collection of taxes levied to meet certain bonded indebtedness of said county as it was to fall due, and which…
2Cases cited5 opinions
- White v. City of LincolnNebraska Supreme Court · 1877
- Hallenbeck v. HahnNebraska Supreme Court · 1873
- Union Pacific Railroad v. Commissioners of Colfax CountyNebraska Supreme Court · 1876
- Reineman v. Covington, Columbus & Black Hills RailroadNebraska Supreme Court · 1878
- State ex rel. Osborne v. ThorneNebraska Supreme Court · 1880
3Cited by7 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Blair v. Cuming CountySupreme Court of the United States · 1884
- Anderson v. LehmkuhlNebraska Supreme Court · 1930
- George v. PracheilNebraska Supreme Court · 1912
- In re Internal ImprovementsSupreme Court of Colorado · 1893
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