Clark v. Dayton
Nebraska Supreme Court
Error from the district court of Buffalo county. Tried below before G-aslin, J. The action there was upon the petition of Dayton, a taxpayer, in behalf of himself and all others, taxpayers of said county, against the board of county commissioners. Clark was not made a party to the action, but in the course of the proceedings, the other defendants making default, he was admitted to defend as the real party in interest.
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Error from the district court of Buffalo county. Tried below before G-aslin, J. The action there was upon the petition of Dayton, a taxpayer, in behalf of himself and all others, taxpayers of said county, against the board of county commissioners. Clark was not made a party to the action, but in the course of the proceedings, the other defendants making default, he was admitted to defend as the real party in interest. A perpetual injunction was granted as prayed, and Clark brought the case up by petition in error. I. Equity cannot be invoked in this case for several distinct reasons. Dayton…
1Opinion of the Court
Lake, Ch. J.
The action in the court below was brought to restrain the board of commissioners of Buffalo county from paying Clark, the plaintiff in error, for building a bridge across the Platte River, in pursuance of a contract entered into between said Clark and the two boards of commissioners of the counties of Buffalo and Kearney. The case was determined upon the pleadings alone, no testimony having been offered by either party.
*201It is not claimed that the contract in question was in any respect fraudulent on the part of either of the parties to it. Indeed, the only suggestion of fraud which…
2Cases cited1 opinion
- People ex rel. Putnam v. Commissioners of Buffalo CountyNebraska Supreme Court · 1875
3Cited by16 opinions
- Ada County v. GessIdaho Supreme Court · 1895
- Leforce v. HaymesSupreme Court of Oklahoma · 1909
- State ex rel. Lewis v. WilliamsSupreme Court of Kansas · 1888
- Johnston v. SpencerNebraska Supreme Court · 1897
- Brown v. County CommissionersNebraska Supreme Court · 1885
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