Kittle v. Fremont
Nebraska Supreme Court
This was an appeal from a decree of the District Court for Dodge county. The facts appear in the opinion of the court. The vacation of parks and closing of streets and alleys ■ are not within the delegated powers of the trustees of towns in this State, as see Nebraska Statutes of 1855 and ■ ’56, page 41, sec. 4. The trustees being ministerial officers created by statute, they can exercise no other or greater authority than is vested in them by the statute. — Sedgwick on…
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This was an appeal from a decree of the District Court for Dodge county. The facts appear in the opinion of the court. The vacation of parks and closing of streets and alleys ■ are not within the delegated powers of the trustees of towns in this State, as see Nebraska Statutes of 1855 and ■ ’56, page 41, sec. 4. The trustees being ministerial officers created by statute, they can exercise no other or greater authority than is vested in them by the statute. — Sedgwick on Statutes, etc., page 466. The legalizing act pleaded (see Statutes of 1861, page 117) is of that class of statutes called…
1Opinion of the CourtLake, J.
In the month of January, 1857, the plaintiff, Robert Kittle, together with several associates, known and acting as the Town Company, entered upon that portion of the public lands of the United States now included within the limits of the town site of Fremont, and surveyed and laid out a town with blocks, lots, streets, alleys, and a public square or park. By this survey and plat, the park, which is the subject of dispute in this proceeding, was located between Eighth and Ninth streets, running east and west, and F and H, running north and south through the town. Broad street, a wide and…
2Cases cited2 opinions
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
3Cited by11 opinions
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Schroder v. City of LincolnNebraska Supreme Court · 1952
- Knapp, Stout & Co. v. St. LouisSupreme Court of Missouri · 1900
- Kirby v. Omaha Bridge CommissionNebraska Supreme Court · 1934
- State ex rel. Hunter v. The ArahoNebraska Supreme Court · 1940
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