Legal Opinion

Lindsay v. City of Omaha

Nebraska Supreme Court

Decided October 7, 1890PublishedCited by 13 opinions

Appeal from the district court for Douglas county. Heard below before Doane, J. cited : State v. Cincinnati Gas Light Co., 18 O. St., 292; 2 Washb., Eeal Prop. [3d Ed.], 2, 3, 20, 445, 458 ; 1 Id., 66; 2 Chit. Blackstone, 151; 1 Cruise’s Digest, 45; 2 Id., 3; Cooley, Con.

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Appeal from the district court for Douglas county. Heard below before Doane, J. cited : State v. Cincinnati Gas Light Co., 18 O. St., 292; 2 Washb., Eeal Prop. [3d Ed.], 2, 3, 20, 445, 458 ; 1 Id., 66; 2 Chit. Blackstone, 151; 1 Cruise’s Digest, 45; 2 Id., 3; Cooley, Con. Lim., 531,555,556,658,867 and note 3; State v. Brown, 3 Dutch. [N. J ], 13; McKelway v. Seymour, 5 Id., 321; Hooker v. Utica Co., 12 Wend. [N. Y.], 371; Stuyoescmt v. Mayor, 11 Paige [N. Y.], 425; Dunham v. Williams, 36 Barb. [N. Y.], 136,163 ; People v. Kerr, 27 N. Y., 196; Heyward v. Mayor, 3 Seld. [N. Y.], 314; Kane v.…

1Opinion of the Court

Cobb, Ci-r. J.

The appellant alleges that oil June 25,1885, he was the owner in fee of lots 1 and 2 of block 11, of McCormick’s addition to the city of Omaha; that on February 8, 1887, the appellee, without legal authority, vacated the public street No. 29, in said addition, between blocks 9, 10, 11, and 12, and offered the same for sale; to enjoin which the appellant brought this suit in the district court of Douglas county against the city of Omaha, which, upon final hearing and trial, was dissolved and the petition dismissed.

The answer of the defendant sets up that on February 8, 1887, the…

2Cases cited2 opinions

  1. Van Winter v. Henry CountySupreme Court of Iowa · 1883
  2. Omaha & Republican Valley Railroad v. RogersNebraska Supreme Court · 1884

3Cited by13 opinions

  1. Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
  2. Mochel v. ClevelandIdaho Supreme Court · 1930
  3. Bigelow v. BallerinoCalifornia Supreme Court · 1896
  4. McLachlan v. Incorporated Town of GraySupreme Court of Iowa · 1898
  5. Enders v. FridayNebraska Supreme Court · 1907

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