Legal Opinion

Hallenbeck v. Hahn

Nebraska Supreme Court

Decided July 1, 1873PublishedCited by 23 opinions

Petition in error to the Douglas District Court. This was a petition filed by the owner of personal and real estate to restrain the sale of the realty for taxes levied thereon; which sale the defendant, as the county treasurer, had advertised, without attempt to distrain upon the plaintiff’s personalty.

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Petition in error to the Douglas District Court. This was a petition filed by the owner of personal and real estate to restrain the sale of the realty for taxes levied thereon; which sale the defendant, as the county treasurer, had advertised, without attempt to distrain upon the plaintiff’s personalty. One and the chief ground alleged for complaint was, that a large portion of the taxes was to be applied to pay the interest upon a large amount of bonds issued by the county to the Omaha and North-western and the Omaha and Southwestern Railroad Companies to aid them in building their several…

1Opinion of the CourtCeounse, J.

The chief ground relied on, and perhaps the real inducement leading the plaintiff to apply to the Court below for an injunction to restrain the defendant, as treasurer of Douglas County, from enforcing the collection of taxes assessed against the plaintiff by a sale of his real estate, is, that, to the extent of four mills on the dollar, the tax is to apply in liquidation of the three hundred and fifty thousand dollars of bonds voted by said county in aid of the construction of the Omaha and Northwestern and the Omaha and South-western Railroads. It is averred in the petition, that said levy…

2Cases cited27 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
  3. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  4. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  5. People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870

22 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Davis v. StateNebraska Supreme Court · 1897
  2. Swanson v. StateNebraska Supreme Court · 1937
  3. Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
  4. Blais v. FranklinSupreme Court of Rhode Island · 1910
  5. Burlington & Missouri River Railroad v. Board of County CommissionersNebraska Supreme Court · 1878

18 more not listed; retrieve them via the Exa API.

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