Hull v. Miller
Nebraska Supreme Court
This was an action brought in the district court of Richardson county to recover a judgment against certain lands and lots in said county for the delinquent taxes of the years 1870 and 1871, under the provisions of an act passed February 27, 1873, entitled “an act to provide relief for delinquent tax payers.” Geñ. 8tat., 940. D. PI.
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This was an action brought in the district court of Richardson county to recover a judgment against certain lands and lots in said county for the delinquent taxes of the years 1870 and 1871, under the provisions of an act passed February 27, 1873, entitled “an act to provide relief for delinquent tax payers.” Geñ. 8tat., 940. D. PI. Hull intervening on behalf of part of section 36, town 2, range 15, brought the cause here by petition in error to review the proceedings below. referring to the legislative journals of 1873, and the passage of the bill for the act in question, contended that it…
1Opinion of the Court
Lake, Ch. J.
This record presents really but two questions for our consideration; first, that of the constitutionality of the “act to provide relief for delinquent tax-payers,” approved February 27, 1873; and second, whether the facts stated in the petition are sufficient in law to constitute a cause of action. The fact that the judgment was rendered *507while there was a demurrer on the files undisposed of, by which the question of the sufficiency of those facts was raised, although irregular practice, is of itself no ground for reversal. In effect the judgment overruled the demurrer and held the…
2Cases cited3 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Spangler v. JacobyIllinois Supreme Court · 1853
- McCulloch v. StateIndiana Supreme Court · 1859
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- Ames v. Union Pac. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1894
- Ex parte WrenMississippi Supreme Court · 1886
- Carlton v. GrimesSupreme Court of Iowa · 1946
- Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
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