Foxworthy v. Lincoln & Fremont Railway Co.
Nebraska Supreme Court
Error to the district court for Lancaster county, where the cause had been brought by appeal from the county court. The action was brought there to contest an election held in the city of Lincoln, on a proposition to vote bonds to the defendant company.
1Opinion of the CourtCobb, J.
Section 9 of article VI of the constitution provides that “The district court shall have both chancery and common law jurisdiction” etc. Under this provision, if the legislature confers a right upon any citizen, or class, or subdivision of citizens, and provides no special tribunal for the enforcement of such right, the jurisdiction to enforce the same devolves upon the district court. The right to contest an election of the character of that mentioned in the petition in this action, is clearly given to the tax-payers of the city by the first clause of section 64 of chapter 26 C. S., p. 266,…
2Cited by2 opinions
- Hertle v. BallIdaho Supreme Court · 1903
- Laird v. LeapNebraska Supreme Court · 1894