Spurck v. Lincoln & Northwestern Railroad
Nebraska Supreme Court
Appeal from Butler county, where an injunction had been granted by George ~W. Post, J., enjoining the registration of $53,000 coupon bonds of Butler county, and Spurk precinct bonds to the amount of $8,500, and ordering the defendant railroad company to deliver up said bonds, and canceling and annulling the same. The donation was good, and commissioners had power to determine which of the two companies should receive-the aid. Leiosv.
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Appeal from Butler county, where an injunction had been granted by George ~W. Post, J., enjoining the registration of $53,000 coupon bonds of Butler county, and Spurk precinct bonds to the amount of $8,500, and ordering the defendant railroad company to deliver up said bonds, and canceling and annulling the same. The donation was good, and commissioners had power to determine which of the two companies should receive-the aid. Leiosv. The County Com., 12 Kan., 206. Land Grant Railway v. Commissioners, 6 Kan., 256. cited: Jones v. Hurlbu/rt, 13 Neb., 125. People v. Tazewell Co., 22 111., 147.…
1Opinion of the Court
Lake, Ch. J.
In one particular this case is clearly within the operation of the rule of our decision in Jones v. Hurlburt, 13 Neb., 125, under which the delivery of certain bonds was enjoined. In this ease, as in that, the propositions submitted to a vote of the people and adopted, were in the alternative — to aid one railroad company or the other. In this case the propositions, both county and precinct, were: “Shall the county commissoiners of Butler county be authorized to issue and give to the Lincoln & Northwestern Railroad Company, or the Blue Valley & Northwestern Railroad Company,” the…
2Cases cited1 opinion
- Jones v. HurlburtNebraska Supreme Court · 1882
3Cited by5 opinions
- State ex rel. Gardner v. RoggenNebraska Supreme Court · 1887
- North v. Platte CountyNebraska Supreme Court · 1890
- Burley v. HittMissouri Court of Appeals · 1893
- Frank v. Butler CountyCourt of Appeals for the Eighth Circuit · 1905
- George v. ClevelandNebraska Supreme Court · 1898