Brewer v. Otoe County
Nebraska Supreme Court
This was a petition in error to the District Court for Otoe county. Brewer filed in that court his petition as follows : I. The said Francis B. Brewer, plaintiff, complains of the said Otoe county, defendant, for that the said defendant, on the fifth day of February, 1863, at Nebraska city, in said county, by and through the then Board of County Commissioners of said county, made and drew her certain warrant in writing of that date, on the treasurer of said county, signed by…
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This was a petition in error to the District Court for Otoe county. Brewer filed in that court his petition as follows : I. The said Francis B. Brewer, plaintiff, complains of the said Otoe county, defendant, for that the said defendant, on the fifth day of February, 1863, at Nebraska city, in said county, by and through the then Board of County Commissioners of said county, made and drew her certain warrant in writing of that date, on the treasurer of said county, signed by one George T. Lee, the then president of said board, and countersigned by one E. W. Botsford,. clerk of said county,…
1Opinion of the CourtLake, J.
*380The defendant in error brought his action in the eourt below, to recover a judgment upon several warrants drawn by the county commissioners of Otoe county upon its treasurer,.at various times between the 24th day of September, 1858, and the 5th day of January, 1863. To the petition the county filed a general demurrer which was overruled, but no exception taken thereto. Thereupon an answer was filed admitting the drawing of the warrants, but denying the liability of the county, for the. reason that they were all rendered null and void by the provisions of the act of the late Territorial…
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