Legal Opinion · Dissent

Miles v. Holt County

Nebraska Supreme Court

Decided March 10, 1910No. 15,876Published

Appeal from tlie district court for Holt county: William H. West over, Judge.

1DissentRose, J.

I recognize in the opinion of the majority a lofty purpose to administer justice, but I am not fully convinced that plaintiff should recover the reasonable value of his services. In my judgment the finding that the publishing contract is void, and that in consequence plaintiff cannot recover the compensation allowed by law for performance of a valid contract, should result in a dismissal of the case. The power to designate the newspaper for the puiqmse of publishing notice was conferred by statute upon the county commissioners. That power was legally exercised, and plaintiff’s newspaper was…

2Cases cited12 opinions

  1. State ex rel. Board of Commissioners v. SilverNebraska Supreme Court · 1879
  2. Gallaher v. City of LincolnNebraska Supreme Court · 1901
  3. Bayha v. County of WebsterNebraska Supreme Court · 1885
  4. Clark v. County of LancasterNebraska Supreme Court · 1903
  5. State ex rel. Axen v. MeserveNebraska Supreme Court · 1899

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