Smiley v. MacDonald
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Eerguson, J. A statement of the case appears in the opinion. It is not the province of the courts to decide that any particular act passed by the legislature in the exercise of its police power, and, as a health law, is unconstitutional, unless it plainly appears to be so on the face of the act. (In re New Yorh JS.
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Appeal from the district court of Douglas county. Heard below before Eerguson, J. A statement of the case appears in the opinion. It is not the province of the courts to decide that any particular act passed by the legislature in the exercise of its police power, and, as a health law, is unconstitutional, unless it plainly appears to be so on the face of the act. (In re New Yorh JS. R. Co., 70 N. Y., 351; People v. Albertson, 55 N. Y., 50; People v. Draper, 15 N. Y., 532; In re Townsend, 39 N. Y., 171; People v. Smith, 21 N. Y., 595; IAndenmuller v. People, 33 Barb. [N. Y.], 548; Neuendorf v.…
1Opinion of the CourtPost, J.
This is an appeal from a decree of the district court for Douglas county restraining the defendant from proceeding under a contract with the city of Omaha providing for the removal of the garbage, offal, dead animals, etc., from said city. In view of the importance of the question at issue-it is deemed proper to copy at length from the petition, to-wit:
“The plaintiff states to the court that he is a.citizen and resident of the city of Omaha, Nebraska, and a taxpayer therein, and has been such resident of the city of Omaha and taxpayer therein for, to-wit, the period of eight years,, and he…
2Cases cited5 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Boehm v. Mayor of BaltimoreCourt of Appeals of Maryland · 1884
- Kilvington v. City of SuperiorWisconsin Supreme Court · 1892
- River Rendering Co. v. BehrMissouri Court of Appeals · 1879
3Cited by34 opinions
- Chicago, Burlington & Quincy Railroad v. State ex rel. City of OmahaNebraska Supreme Court · 1896
- City of Rochester v. . GutberlettNew York Court of Appeals · 1914
- Dreyfus v. BooneSupreme Court of Arkansas · 1908
- City of Spokane v. CarlsonWashington Supreme Court · 1968
- Smith v. City of SpokaneWashington Supreme Court · 1909
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