White v. City of Lincoln
Nebraska Supreme Court
Action brought in tbe district court of Lancaster county, Nebraska, by the above plaintiff against tbe said defendant to recover tbe sum of twenty-two thousand five hundred and twenty-four dollars and fifty-six cents, with interest from the 24th day of ¡September, A. D., 1873, for money alleged to have been received by the said city for license granted by the said city for the sale of malt, vinous and spirituous liquors within the limits thereof.
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Action brought in tbe district court of Lancaster county, Nebraska, by the above plaintiff against tbe said defendant to recover tbe sum of twenty-two thousand five hundred and twenty-four dollars and fifty-six cents, with interest from the 24th day of ¡September, A. D., 1873, for money alleged to have been received by the said city for license granted by the said city for the sale of malt, vinous and spirituous liquors within the limits thereof. The defendant answered the petition, admitting the incorporation of said city of Lincoln as a city of the second class, but denying all the other…
1Opinion of the CourtMaxwell, J.
In the case of The City of Tecumseh v. Phillips, ante, p. 305, this court held that where money was collected by the corporate authorities of towns, and cities of the second class, for license to sell intoxicating liquors, and such funds were not paid over voluntarily to the proper county treasurer, that it was his duty to enforce payment thereof by suit. The authority to bring such action, although not expressly given by statute, is clearly implied from the obligation he is under to make the collection..Lincoln- was incorporated as a town under the provisions of Chap. 53 of the Revised…
2Cases cited3 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- United States v. PalmerSupreme Court of the United States · 1818
- Hadden v. CollectorSupreme Court of the United States · 1867
3Cited by38 opinions
- Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
- Read v. PlattsmouthSupreme Court of the United States · 1883
- Swanson v. StateNebraska Supreme Court · 1937
- State ex rel. Adair v. DrexelNebraska Supreme Court · 1905
- Trumble v. TrumbleNebraska Supreme Court · 1893
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