Bryan v. City of Lincoln
Nebraska Supreme Court
Appeal from the district court of Lancaster couuty. Heard below before Holmes, J. A proposition submitted to the voters of a municipality at a general election must receive a majority of the votes cast at such election in its favor, in order to be carried. As the bond proposition failed to receive a majority of the votes cast at the election, it did not carry and hence all subsequent acts of the council relative thereto are void.
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Appeal from the district court of Lancaster couuty. Heard below before Holmes, J. A proposition submitted to the voters of a municipality at a general election must receive a majority of the votes cast at such election in its favor, in order to be carried. As the bond proposition failed to receive a majority of the votes cast at the election, it did not carry and hence all subsequent acts of the council relative thereto are void. (State v. Anderson, 26 Neb., 517; State v. Bechel, 22 Neb., 158; State v. Benton, 29 Neb., 469; Douglas County v. Keller, 43 Neb., 644.)
1Opinion of the CourtHarrison, J.
The appellees herein, in their character as residents and taxpayers of the city of Lincoln, instituted this ac-. tion in the district court of Lancaster county to restrain or enjoin the execution and delivery by the city, the mayor and city council thereof, of certain funding bonds in the aggregate sum of $534,500 to Elmer B. Stephenson, the alleged purchaser of such bonds. Pleadings were filed and issues joined of which there was a trial, which resulted in a judgment by which the execution and delivery of the bonds were perpetually enjoined. Elmer B. Stephenson of defendants in the trial…
2Cases cited14 opinions
- Walnut v. WadeSupreme Court of the United States · 1881
- People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
- State v. WinkelmeierSupreme Court of Missouri · 1864
- People ex rel. Davenport v. BrownIllinois Supreme Court · 1850
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3Cited by12 opinions
- State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1926
- In re DennyIndiana Supreme Court · 1901
- Spangler v. City of MitchellSouth Dakota Supreme Court · 1915
- Tecumseh National Bank v. SaundersNebraska Supreme Court · 1897
- Hevelone v. City of BeatriceNebraska Supreme Court · 1931
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