Legal Opinion

State ex rel. Ransom v. Irey

Nebraska Supreme Court

Decided October 16, 1894No. 7068PublishedCited by 11 opinions

Original application for mandamus. See opinion for statement of the case. The county treasurer of Douglas county lias authority, and it is his duty, to sell real estate upon which the city of Omaha bas duly levied a special assessment authorized by law, and which special assessment is delinquent and unpaid, there being no general taxes of any kind delinquent against the property upon which the assessment was levied and is delinquent.

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Original application for mandamus. See opinion for statement of the case. The county treasurer of Douglas county lias authority, and it is his duty, to sell real estate upon which the city of Omaha bas duly levied a special assessment authorized by law, and which special assessment is delinquent and unpaid, there being no general taxes of any kind delinquent against the property upon which the assessment was levied and is delinquent. (2 Dillon, Municipal Corporations [4th ed.], sec. 819; City of St. Louis v. Russell, 9 Mo., 507; Oity of St. Louis v. Allen, 13 Mo., 412; 2 Desty, Taxation, p.…

1Opinion of the CourtNorval, C. J.

This'is an original application for a peremptory writ of mandamus by the state, on the relation of Frank T< Ransom, against H. B. Irey, treasurer of Douglas county, to *189compel defendant to accept and receive from relator the amount of paving taxes assessed by the city of Omaha against the west 34J feet of the north 90 feet of lot 19 in John I. Redick’s Addition to Omaha, to sell said real estate to relator at private sale, and to make and issue to him the usual statutory certificate of sale. The cause is submitted upon a general demurrer to the application.

It will not be necessary to set out a…

2Cases cited9 opinions

  1. City of Carondelet v. PicotSupreme Court of Missouri · 1866
  2. Merriam v. Moody's ExecutorsSupreme Court of Iowa · 1868
  3. Hanscom v. City of OmahaNebraska Supreme Court · 1881
  4. McInerny v. ReedSupreme Court of Iowa · 1867
  5. Paine v. SpratleySupreme Court of Kansas · 1870

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3Cited by11 opinions

  1. Interstate Power Co. v. City of AinsworthNebraska Supreme Court · 1933
  2. Harmon v. City of OmahaNebraska Supreme Court · 1897
  3. Aachen & Munich Fire Insurance v. City of OmahaNebraska Supreme Court · 1904
  4. Falldorf v. City of Grand IslandNebraska Supreme Court · 1940
  5. Sanitary & Improvement District 222 v. Metropolitan Life InsuranceNebraska Supreme Court · 1978

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