Nash v. Baker
Nebraska Supreme Court
Appeal, from the district court of Buffalo county. Heard below before Hamer, J. The facts are stated in the opinion. The false and fraudulent representations made by the officers and agents of the defendant company as to the character of the road for which the bonds were sought to be voted were made for the purpose of deceiving the electors, thereby inducing them to vote in favor of the bond proposition.
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Appeal, from the district court of Buffalo county. Heard below before Hamer, J. The facts are stated in the opinion. The false and fraudulent representations made by the officers and agents of the defendant company as to the character of the road for which the bonds were sought to be voted were made for the purpose of deceiving the electors, thereby inducing them to vote in favor of the bond proposition. Equity will lend its aid to relieve the people under such circumstances. The finding and judgment of the lower court were therefore wrong and should be reversed and the injunction made…
1Opinion of the Court
Ryan, C.
This action was begun in the district court of Buffalo ■county, Nebraska, by William A. Nash, for himself and on behalf of the taxpayers of the city of Kearney, against the mayor and members of the city council of said city, and the Kearney & Black Hills Railway Company, to enjoin the collection of $75,000 in bonds voted by the city of Kearney in aid of the construction of said railroad. The petition, or rather the amended petition, upon which the case was tried, was very lengthy, alleging, as it did, many irregularities in the manner of submitting the proposition for voting bonds to…
2Cases cited4 opinions
- Wickham v. GrantSupreme Court of Kansas · 1882
- Wullenwaber v. DuniganNebraska Supreme Court · 1890
- Sinnett v. MolesSupreme Court of Iowa · 1873
- Township of Midland v. County BoardNebraska Supreme Court · 1893
3Cited by7 opinions
- Nash v. BakerNebraska Supreme Court · 1894
- Foley v. HoltryNebraska Supreme Court · 1894
- Brooks v. MacLeanNebraska Supreme Court · 1914
- George v. ClevelandNebraska Supreme Court · 1898
- Brooks v. MacLeanNebraska Supreme Court · 1914
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