Legal Opinion

City of Tecumseh v. Phillips

Nebraska Supreme Court

Decided January 15, 1877PublishedCited by 18 opinions

Error from the district court of Johnson county. The city of Tecumseh and others were defendants below, and judgment being rendered against tbem, they brought the cause here by petition in error. The amount sued for, and recovered, was for license moneys received by the city treasurer, for licenses issued by the city council under authority given by the criminal code.

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Error from the district court of Johnson county. The city of Tecumseh and others were defendants below, and judgment being rendered against tbem, they brought the cause here by petition in error. The amount sued for, and recovered, was for license moneys received by the city treasurer, for licenses issued by the city council under authority given by the criminal code. The section giving this authority is as follows: Sec. 586. All the powers and duties in this chapter devolving upon the county commissioners, shall belong to and be exercised exclusively by the proper authorities of any or all…

1Opinion of the Court

Lake, Oh. J.

This is a petition in error from Johnson county.

The questions presented arise upon a demurrer to the petition, which being overruled, a judgment was given against the defendants for the amount claimed by the plaintiff. The action was brought by the plaintiff, Phillips, as treasurer of Johnson county, to recover a smn of money alleged to have been received by the defendants below, from several persons, from time to time, for licences to sell intoxicating liquors in the town, and city of Tecumseh.

It is contended by the plaintiff in error, that these demurrers should have been…

2Cited by18 opinions

  1. Trumble v. TrumbleNebraska Supreme Court · 1893
  2. State ex rel. Graham v. TibbetsNebraska Supreme Court · 1897
  3. Miller v. HurfordNebraska Supreme Court · 1882
  4. State ex rel. Thompson v. MajorsNebraska Supreme Court · 1909
  5. Sheasley v. KeensNebraska Supreme Court · 1896

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