Edwards v. City of Reno
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. Action by W. F. Edwards against the City of Reno and others. From a judgment dismissing the action on demurrer, plaintiff appeals. The question before the court is as to whether or not appellant paid under compulsion.
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Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. Action by W. F. Edwards against the City of Reno and others. From a judgment dismissing the action on demurrer, plaintiff appeals. The question before the court is as to whether or not appellant paid under compulsion. Peyser v. Mayor, 70 N. Y. 497; Purcell v. Mayor, 85 N. Y. 330. The general rule is that “money paid under an illegal assessment cannot be recovered without first setting the assessment aside.” 28 Cyc. 1207. The city charter itself contemplates the repayment of illegal assessments, and expressly…
1Opinion of the Court
By the Court,
Sanders, C. J.:
It appears from the complaint in the court below that the city of Reno, in January, 1920, passed and adopted Ordinance No. 264, entitled:
“An ordinance declaring the determination of the city council of the city of Reno to make certain improvements in the various wards in the city of Reno, by constructing, grading and paving, with concrete, bitumen or asphaltum certain streets and alleys and portions of streets in said city; and constructing granite header stone along certain streets; describing definitely the location of said improvements; providing that the costs…
2Cases cited7 opinions
- Little v. BowersSupreme Court of the United States · 1890
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3Cited by9 opinions
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- City of Reno v. Second Judicial District CourtNevada Supreme Court · 1938
- Morrow v. MorrowNevada Supreme Court · 1945
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