Fullerton v. School District
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Tibbets, Strode, and Hall, JJ. The facts are stated by the commissioner. The number of signers to the request for submission of the proposition to vote bonds is less than one-third of the qualified voters of the district at date of presentation of the petition.
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Appeal from the district court of Lancaster county. Heard below before Tibbets, Strode, and Hall, JJ. The facts are stated by the commissioner. The number of signers to the request for submission of the proposition to vote bonds is less than one-third of the qualified voters of the district at date of presentation of the petition. The school district being a qitasi-corporation, its powers are limited, and it has no authority except that given by statute, and was without authority to submit the proposition to the electors. (School District v. Stough, 4 Neb., 361; Oehling v. School District, 10…
1Opinion of the Court
Irvine, C.
The appellant, as a taxpayer of the defendant school district, brought this action, on behalf of himself and others similarly situated, against the school district and the individual members of its board of education, praying- for. an *596inj auction to restrain the defendants from registering, issuing, and selling certain bonds of the school district. The injunction was refused by the district court and the plaintiff appeals. The petition is quite long and avers many facts by way of attacking the validity of the proceedings under which it was proposed to issue the bonds. The conclusion…
2Cases cited15 opinions
- Ellis v. KarlNebraska Supreme Court · 1878
- State ex rel. Morgan v. Board of County CommissionersNebraska Supreme Court · 1880
- Hallenbeck v. HahnNebraska Supreme Court · 1873
- Von Steen v. City of BeatriceNebraska Supreme Court · 1893
- Wullenwaber v. DuniganNebraska Supreme Court · 1890
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3Cited by4 opinions
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Bryan v. City of LincolnNebraska Supreme Court · 1897
- Hoxie v. ScottNebraska Supreme Court · 1895
- Chilton v. Town of GrattonU.S. Circuit Court for the District of Nebraska · 1897