Nebraska City v. Nebraska City Hydraulic Gas Light & Coke Co.
Nebraska Supreme Court
Error, to the Otoe county district court. The action was brought by the gas company against Nebraska City to recover $291.66 for gas furnished under contract to the city during the month of June, 1877. To the fourth, fifth, and seventh paragraphs of the answer (the substance of which is set forth in the opinion) a demurrer was filed, which was sustained and exceptions taken.
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Error, to the Otoe county district court. The action was brought by the gas company against Nebraska City to recover $291.66 for gas furnished under contract to the city during the month of June, 1877. To the fourth, fifth, and seventh paragraphs of the answer (the substance of which is set forth in the opinion) a demurrer was filed, which was sustained and exceptions taken. Upon trial before Pound, J., judgment was rendered in favor of the gas company for the amount claimed, and the city brought the cause here for .review upon a petition in error. 1. That the contract, exempting as it does…
1Opinion of the CourtLake, J.
Ye shall confine our examination to such of the alleged errors as were relied on by counsel for the plaintiff in error in argument as ground for a reversal of the judgment. And, first, did the court below err in sustaining the demurrer “ to the fourth, fifth, and seventh defenses ” of the answer ?
It seems that at the time in question there existed a contract between the’ plaintiff in error and the defendant company, whereby the latter was to furnish to the city, at a stated price per month, gaslight for its streets, etc. That, while the company was engaged in the due performance of this…
2Cases cited10 opinions
- Lane County v. OregonSupreme Court of the United States · 1869
- Perry v. WashburnCalifornia Supreme Court · 1862
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- City of Carondelet v. PicotSupreme Court of Missouri · 1866
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3Cited by15 opinions
- Davis v. BronsonNorth Dakota Supreme Court · 1891
- Richards v. County CommissionersNebraska Supreme Court · 1894
- Crawford County v. LaubSupreme Court of Iowa · 1900
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1894
- Lynch v. HowellNebraska Supreme Court · 1957
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