Legal Opinion

Hurford v. City of Omaha

Nebraska Supreme Court

Decided January 15, 1876PublishedCited by 49 opinions

This was an appeal from a decree rendered by Hon. George B. Lake, sitting in tlie district court of Douglas county, granting a perpetual injunction, restraining the defendants from levying a special assessment upon real estate abutting upon a public street in thp city of Omaha, to pay one-half the expense of grading the same. The material facts in the case appear in the opinion.

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This was an appeal from a decree rendered by Hon. George B. Lake, sitting in tlie district court of Douglas county, granting a perpetual injunction, restraining the defendants from levying a special assessment upon real estate abutting upon a public street in thp city of Omaha, to pay one-half the expense of grading the same. The material facts in the case appear in the opinion. I.The act of 1873, is a legitimate and proper exercise of the taxing power vested solely in the legislative department of the state, and is not in violation of any provision of our state constitution. 1. The power of…

1Opinion of the CourtGantt, J.

By act of the legislature, approved February 2d, 1857, the city of Omaha was incorporated, and by virtue of this act, and acts supplemental and amendatory thereof, it has been and still is a municipal corporation. On the 10th day of July, 1874, it entered into a written contract with A. J. Hanscom to grade St. Mary’s avenue, and a part of Howard street, according to certain plans, specifications and profile of grade, for a certain specific sum of money to be paid as follows: one-half in warrants to be drawn on the general fund, and one-half in war*343rants to be drawn on a special fund to be…

2Cases cited6 opinions

  1. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  2. District Township of Dubuque v. City of DubuqueSupreme Court of Iowa · 1858
  3. People v. SchermerhornNew York Supreme Court · 1855
  4. Woodbridge v. City of DetroitMichigan Supreme Court · 1860
  5. Briggs v. Town of GeorgiaSupreme Court of Vermont · 1843

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3Cited by49 opinions

  1. Neal v. BryantSupreme Court of Florida · 1962
  2. State Ex Rel. Jones v. FarrarOhio Supreme Court · 1946
  3. Shellenberger v. RansomNebraska Supreme Court · 1894
  4. State Ex Rel. Smith v. BarnellOhio Supreme Court · 1924
  5. Hanscom v. City of OmahaNebraska Supreme Court · 1881

44 more not listed; retrieve them via the Exa API.

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