Chaffee v. City of Omaha

This is an appeal from an order of the trial court sustaining a general demurrer to plaintiff’s petition for a writ of mandamus or suitable equitable relief in enforcing payment of six unpaid special fund warrants issued by the city of Omaha as evidence of the damages to be paid in a condemnation proceeding.

The amended petition shows that on April 23, 1887, the city council of the city of Omaha commenced proceedings to condemn certain lands for street purposes. An award of damages was made and the adjoining and abutting- property owners in the district were assessed the value of the benefits…