Jenal v. Green Island Draining Co.
Nebraska Supreme Court
Error to the district court for Cedar county. Tried below, before Barnes, J. The opinion states the case, The act is unconstitutional. Sec, 20, Art. I., Constitution.
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Error to the district court for Cedar county. Tried below, before Barnes, J. The opinion states the case, The act is unconstitutional. Sec, 20, Art. I., Constitution. Sedgwick Constitutional Law, 447. Reeves v. Treasurer of Wood County, 8 Ohio State, 883. Hanuarclv, St. Clair Drain Co., 51 111,, 130, Hessler v. The Drainage Co., 53 111,, 105, Gage v. Graham, 57 111., 144, Board of Directors v. Houston, 71 111., 818. cited inter alia, Norfleet v. Cromwell, 70 North Car., ■634. Mills on Eminent Domain, Sec. 12. 2 Dillon Mun. Corp., 555. Twmerv. Althaus, 6 Neb., 71. Talbot v. Hudson, 16 Gray,…
1Opinion of the Court
Maxwell, Ch. J.
This action was commenced in the district court of ■Cedar county, to enforce an alleged lien of the defendant upon certain lands of the plaintiff. A demurrer to the petition was overruled in the court below,and the plaintiff •electing to stand on his demurrer, judgment was rendered *164in favor of the defendant herein, The plaintiff brings the ease into this court by petition in error.
The question to be determined is — was the demurrer properly overruled? The petition states in substance that the plaintiff, (defendant in error) is a corporation organized under an act of the…
2Cases cited1 opinion
- Bankhead v. BrownSupreme Court of Iowa · 1868
3Cited by11 opinions
- Paxton & Hershey Irrigating Canal & Land Co. v. Farmers & Merchants Irrigation & Land Co.Nebraska Supreme Court · 1895
- Welton v. DicksonNebraska Supreme Court · 1894
- Neal v. VansickleNebraska Supreme Court · 1904
- Alfred Phosphate Co. v. Duck River Phosphate Co.Tennessee Supreme Court · 1907
- Vetter v. BroadhurstNebraska Supreme Court · 1916
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