Legal Opinion

People ex rel. Putnam v. Commissioners of Buffalo County

Nebraska Supreme Court

Decided January 15, 1875PublishedCited by 40 opinions

This was an application to tbis court for a writ of man-damns. It was based upon affidavits setting forth that the county commissioners of Buffalo county, having determined to erect a bridge across the Platte river at Kearney Junction, for the erection of which precinct bonds had been voted, met on the 29th day of July, 1873, not as a board of commissioners, but informally, and examined plans and specifications submitted to them by the King "Wrought Iron Bridge Company and…

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This was an application to tbis court for a writ of man-damns. It was based upon affidavits setting forth that the county commissioners of Buffalo county, having determined to erect a bridge across the Platte river at Kearney Junction, for the erection of which precinct bonds had been voted, met on the 29th day of July, 1873, not as a board of commissioners, but informally, and examined plans and specifications submitted to them by the King "Wrought Iron Bridge Company and by Henry T. Clarke; that on the following day the commissioners being in regular session, after considering the…

1Opinion of the CourtMaxwell, J.

A board of county commissioners are held to be a quasi corporation, a local organization which for purjioses of civil administration is invested with a few of the functions characteristic of a corporate existence. Commissioners of Hamilton County v. Mighels, 7 Ohio State, 115. A grant of powers to such a corporation must be strictly construed. Id., Treadwell v. Commissioners, 11 Id., 190. And in a recent case this court held that “ the grant of powers to such officers must be strictly construed, because when acting under special authority they must act strictly on the conditions under which…

2Cases cited2 opinions

  1. Sioux City & Pacific Railroad v. Washington CountyNebraska Supreme Court · 1873
  2. People ex rel. Gere v. WestonNebraska Supreme Court · 1874

3Cited by40 opinions

  1. Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
  2. Allen v. Comm'rs of Pittsburg CountySupreme Court of Oklahoma · 1911
  3. State ex rel. Eaves v. RickardsMontana Supreme Court · 1895
  4. Clark v. DaytonNebraska Supreme Court · 1877
  5. La France Fire Engine Co. v. City of SyracuseNew York Supreme Court · 1900

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