Legal Opinion

School District Number 9 v. School District Number 6

Nebraska Supreme Court

Decided July 15, 1879PublishedCited by 4 opinions

Error to tbe district court of Hamilton county. Tried below before Post, J. The facts appear in the opinion. 1. The voting of a tax by school district No. 6, on the first day of April, 1872, created no lien or debt upon t]ie district; that could only be done by virtue of the assessment and levy which were to follow in July, and no levy and assessment ■ could then be made for district No. 6, except upon the territory of which it was composed at the time the same was made, the…

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Error to tbe district court of Hamilton county. Tried below before Post, J. The facts appear in the opinion. 1. The voting of a tax by school district No. 6, on the first day of April, 1872, created no lien or debt upon t]ie district; that could only be done by virtue of the assessment and levy which were to follow in July, and no levy and assessment ■ could then be made for district No. 6, except upon the territory of which it was composed at the time the same was made, the debt being fixed by tbe assessment and not tbe vote. Waldron v. Lee, 5 Pick., 323. Inglee v. Bosworth, 5 Pick., 498.…

1Opinion of the Court

Maxwell, Cu. J.

On the fourteenth day of February, 1872, school district No. 6, of Hamilton county, was organized and included the east half of township ten north, range six west of 6th p.m., and on the twenty-seventh day of March of that year its boundaries were enlarged so *335as to include all of townships ten in ranges six, seven, and eight west of the 6th p.m.

On the first Monday of April of that year an election for officers of said district was held, and a tax of ten mills on the dollar of taxable property in the district was voted for the purpose of building a schoolhouse in said district,…

2Cases cited1 opinion

  1. Moss v. ShearCalifornia Supreme Court · 1864

3Cited by4 opinions

  1. State v. MeyersNebraska Supreme Court · 1895
  2. School District No. 6 v. School District No. 9Nebraska Supreme Court · 1882
  3. School Districts No. 17 & 24 v. School Districts No. 2 & 18Nebraska Supreme Court · 1885
  4. School District No. 131 v. School District No. 5Supreme Court of Minnesota · 1909

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