Taxpayers League v. Benthack

Kroger, District Judge.

Plaintiffs filed their petition in the district court for Wayne county seeking to enjoin the execution and sale of a $48,000 bond issue by the school district of the city of Wayne. From a judgment of the district court for Wayne county, sitting en banc, in favor of the defendants, the plaintiffs appeal.

The record discloses that the city of Wayne, Nebraska, has a population of approximately 2,500 inhabitants and that the territory of the school district of such city is embraced within the corporate limits thereof. The defendants in this action are members of the board of…