Legal Opinion

Solomon v. Fleming

Nebraska Supreme Court

Decided February 17, 1892PublishedCited by 20 opinions

Appeal from the district court for Hitchcock county. Heard below before Cochean, J. cited, contending that a construction which exempted the five-year limitation from applying to places which were at the time county seats would make the statute unconstitutional because special legislation: State v. Elliott, 23 N. E. Rep. [O.], 931; State, ex rel. Oblinger, v. Spande, 34 N. W. Rep. [Minn.], 164; Nichols v. Walter, 33 Id., 800; State, ex rel.

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Appeal from the district court for Hitchcock county. Heard below before Cochean, J. cited, contending that a construction which exempted the five-year limitation from applying to places which were at the time county seats would make the statute unconstitutional because special legislation: State v. Elliott, 23 N. E. Rep. [O.], 931; State, ex rel. Oblinger, v. Spande, 34 N. W. Rep. [Minn.], 164; Nichols v. Walter, 33 Id., 800; State, ex rel. Ferguson, v. Shropshire, 4 Neb., 411 — 12; Fussier v. Rhein, 22 N. E. Rep. [111.], 848 ; State v. Hammer, 42 N. J. L., 439; Devine v. Com’rs, 84 111.,…

1Opinion of the CourtPost, J.

At a special election held in Hitchcock county on the 16th day of November, 1886, in pursuance of a call made by the county commissioners of said county, for the pur-' pose of relocating the county seat, the village of Culbertson, which was then the county seat, received more than three-fifths of all the votes cast. On the 17th day of July, 1889, the defendants, the commissioners of said county, were about to call a second election for the purpose of relocating the county seat, when the plaintiffs, who are *42residents, electors, and taxpayers of said county, remonstrated against such action on…

2Cases cited2 opinions

  1. State ex rel. Willard v. StearnsNebraska Supreme Court · 1881
  2. Normand v. Board of County CommissionersNebraska Supreme Court · 1878

3Cited by20 opinions

  1. Sun Cab Co. v. CloudCourt of Appeals of Maryland · 1932
  2. Duggan v. City of EmporiaSupreme Court of Kansas · 1911
  3. State ex rel. Linde v. HallNorth Dakota Supreme Court · 1916
  4. Dennis v. PratherSupreme Court of Alabama · 1925
  5. Munch v. TusaNebraska Supreme Court · 1941

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