Tullock v. Webster County
Nebraska Supreme Court
Error from the district court of Webster county. Tried below before Gaslin, J. See opinion for statement of the case. Municipal corporations have the power to enter into contracts by committees on behalf of the proper officers. {Hitchcock v. Galveston, 96 U. S., 348.) Municipal corporations may ratify unauthorized expenditures which they deem beneficial, and such ratification is equivalent to previous authority.
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Error from the district court of Webster county. Tried below before Gaslin, J. See opinion for statement of the case. Municipal corporations have the power to enter into contracts by committees on behalf of the proper officers. {Hitchcock v. Galveston, 96 U. S., 348.) Municipal corporations may ratify unauthorized expenditures which they deem beneficial, and such ratification is equivalent to previous authority. (Dillon, Municipal Corporations, sec. 463; People v. Swift, 31 Cal., 26; Kimball v. School District, 8 Vt., 8.) Even if there be a defect of power in a corporation to make a contract,…
1Opinion of the Court
Ragan, C.
Alonzo J. Tullock sued Webster county in the district court thereof, which sustained a demurrer to Tul lock’s petition. He refused to plead further, whereupon the court entered a judgment dismissing his action, to reverse which he has prosecuted here a petition in error.
The allegations of Tullock’s petition necessary to an understanding of the points made here are in substance that on the 16th day of June, 1887, Tullock entered into a contract in writing with Joseph Garber, Alfred McCall, and Reese Thompson, “ bridge committee for and in behalf of said Webster county,” By the terms…
2Cases cited3 opinions
- Gutta Percha & Rubber Manufacturing Co. v. Village of OgalallaNebraska Supreme Court · 1894
- Townsend v. Holt CountyNebraska Supreme Court · 1894
- Whitcomb v. ReedNebraska Supreme Court · 1888
3Cited by7 opinions
- Lincoln Land Co. v. Village of GrantNebraska Supreme Court · 1898
- Lancaster County v. GreenNebraska Supreme Court · 1898
- Miles v. Holt CountyNebraska Supreme Court · 1910
- Jacks v. TaylorCalifornia Court of Appeal · 1914
- Nebraska Telephone Co. v. City of Red CloudNebraska Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.