City of Lincoln v. Grant
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Tibbets, J. The opinion contains a statement of the case. It was incumbent on defendant in error to prove that he had filed his claim in the office of the city clerk. (Comp. Stats. Neb., sec. 36, ch. 13a.) The statute is valid. Such provisions are uniformly enforced in other states.
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Error from the district court of Lancaster county. Tried below before Tibbets, J. The opinion contains a statement of the case. It was incumbent on defendant in error to prove that he had filed his claim in the office of the city clerk. (Comp. Stats. Neb., sec. 36, ch. 13a.) The statute is valid. Such provisions are uniformly enforced in other states. (Nichols v. Minneapolis, 16 N. W. Rep. [Minn.], 410; Clark v. Oity of Austin, 38 N. W. Rep. • [Minn.], 615; Sheel v. City of Appleton, 5 N. W. Rep. [Wis.], 27; Vogel v. City of Antigo, 51 N. W. Rep. [Wis.], 1008; Miner v. Oity of Fond du Lac, 36…
1Opinion of the CourtPost, J.
This was an action by the defendant in error in the district court of Lancaster county against the plaintiff in error, the city of Lincoln. In the petition below it is al*371leged that .the plaintiff therein is the owner of lots 14 and 15, in block 69, in said city; that in the year 1886 the city changed the grade of Ninth and M streets adjacent to said lots, by reason of which said streets were lowered from two to seven feet below the grade which had previously been established; that in the year 1889 the city, by its agents and servants, actually lowered said streets so as to conform to the…
2Cases cited11 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Sheel v. City of AppletonWisconsin Supreme Court · 1880
- Von Baumbach v. BadeWisconsin Supreme Court · 1859
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- Nichols v. City of MinneapolisSupreme Court of Minnesota · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Walters v. City of OttawaIllinois Supreme Court · 1909
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Henry v. City of LincolnNebraska Supreme Court · 1913
- Collins v. City of SpokaneWashington Supreme Court · 1911
- City of Lincoln v. O'BrienNebraska Supreme Court · 1898
13 more not listed; retrieve them via the Exa API.