Dayton v. City of Lincoln
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of facts. In the second instruction there are the following errors: The instruction requires proof of plaintiff’s title, proof whereof had been waived in open court, so that it was no longer in controversy.
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Error from the district court of Lancaster county. Tried below before Hall, J. The opinion contains a statement of facts. In the second instruction there are the following errors: The instruction requires proof of plaintiff’s title, proof whereof had been waived in open court, so that it was no longer in controversy. It also left the jury free to find as they saw fit, on the question of whether plaintiff, prior to bringing suit, had filed her claim with the city clerk, a fact which plaintiff had established by record evidence, and which there was no attempt to controvert. The third and fourth…
1Opinion of the Court
Irvine, C.
This action was brought by the plaintiff in error against the city of Lincoln to recover damages sustained by property of plaintiff in error by reason of a change of grade of Ninth and G streets. The action was brought in the county court and appealed to the district court, where there was a trial, and a verdict and judgment in favor of the city. The defendant answered averring that the court had no jurisdiction, for the reason that the law requires all claims of the nature of plaintiff’s to be presented' to the .city council for allowance or rejection, and that the only remedy for…
2Cases cited5 opinions
- City of Lincoln v. GrantNebraska Supreme Court · 1893
- Dunbier v. DayNebraska Supreme Court · 1882
- Wagner v. Gage CountyNebraska Supreme Court · 1874
- Schaller v. City of OmahaNebraska Supreme Court · 1888
- Frederick v. KinzerNebraska Supreme Court · 1885
3Cited by7 opinions
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Henry v. City of LincolnNebraska Supreme Court · 1913
- Violet v. RoseNebraska Supreme Court · 1894
- Douglas County v. TaylorNebraska Supreme Court · 1897
- Hooper v. City of LincolnNebraska Supreme Court · 1968
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