State ex rel. School District v. Paddock

Maxwell, Ch. J.

The relator made an application to the defendants, to levy a school tax in the school district of South Omaha, and as the defendants refused, the relator applied for a writ of mandamus. On the hearing the court rendered a judgment denying the writ because South Omaha was a city of the first class. In 1891 the legislature passed an act in relation to cities of the first class, the first section of which declares that all cities which, according to the census of 1890, contained more than 10,000 and less than 25,000 inhabitants should be cities of the first class. The census *264return…