Legal Opinion

Burlington & Missouri River R. R. v. Board of County Commissioners

Nebraska Supreme Court

Decided January 15, 1880PublishedCited by 11 opinions

Appeal from Seward county. Tried below before Post, J. Tbe altering of tbe assessment rolls by deducting tbe $100 for eacb acre of trees planted makes tbe whole assessment void, at least so far as the deductions are concerned, and equity will give relief so as to place tax payers in the same position as though said deductions had not been made.

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Appeal from Seward county. Tried below before Post, J. Tbe altering of tbe assessment rolls by deducting tbe $100 for eacb acre of trees planted makes tbe whole assessment void, at least so far as the deductions are concerned, and equity will give relief so as to place tax payers in the same position as though said deductions had not been made. State of Nevada v. Manhattan Mining Co., 774. American Corporation Cases, page 614. Fenton v. Fellows, 33 Mich., 199, 204. The City of Galesburghv. Hankinson, 75 111., 152. Darling v. Gum, 50 111., 152. Board of Sup. Bureau Co. v. C. B. ¿ Q. B. R. Co.,…

1Opinion of the CourtLake, J.

The object of this action is to enjoin the collection of taxes levied upon the plaintiff’s property, consisting of uncultivated lands, lying and assessed for taxation in said county.

The first ground assigned for this relief is that the levy for the payment of interest on certain bonds voted in aid of the Midland Pacific Railway Company was excessive, and beyond the rate authorized by the report of the state auditor as to the amount required for that purpose.

As a second ground, it is alleged that the levy included certain school district taxes, which were wholly illegal and void, they not…

2Cited by11 opinions

  1. Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
  2. Bunten v. Rock Springs Grazing Ass'nWyoming Supreme Court · 1923
  3. Doty Lumber & Shingle Co. v. Lewis CountyWashington Supreme Court · 1910
  4. First National Bank v. McBrideNew Mexico Supreme Court · 1915
  5. McTwiggan v. HunterSupreme Court of Rhode Island · 1895

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