North v. Platte County
Nebraska Supreme Court
Original application for injunction. Municipal bonds issued without power clearly conferred by law are void and holders are chargeable with notice. (Marsh v. Fulton Co., 10 Wall. [U. S.], 676; Fast Oakland v. Skinner, 94 U. S., 255; Lewis v. Shreveport, 108 Id., 282; Ogden v. Daviess Co., 102 Id., 634; Dixon Co. v. Field, 111 Id., 83; Jonesv. ILurlhurt, 13 Neb., 130; Spurclc v. R. Co., 14 Id., 293.) Registration gives no validity. {Statev.
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Original application for injunction. Municipal bonds issued without power clearly conferred by law are void and holders are chargeable with notice. (Marsh v. Fulton Co., 10 Wall. [U. S.], 676; Fast Oakland v. Skinner, 94 U. S., 255; Lewis v. Shreveport, 108 Id., 282; Ogden v. Daviess Co., 102 Id., 634; Dixon Co. v. Field, 111 Id., 83; Jonesv. ILurlhurt, 13 Neb., 130; Spurclc v. R. Co., 14 Id., 293.) Registration gives no validity. {Statev. Alexander, 14 Neb., 284; Northern Bank v. Dorter Twp., 110 U. S., 608; Dixon Co. v. Field, supra.) The county or its taxpayers are not estopped by…
1Opinion of the CourtMaxwell, J.
This is an original action brought in this court to restrain the payment of interest coupons or bonds of Platte county issued in aid of the Lincoln & Northwestern Eailroad Company.
It is alleged in the petition that “ plaintiff is and for many years past has been the owner of real and personal estate situated and taxable in the county of Platte, and that he brings this action as well on his own behalf as on behalf of all other taxpayers similarly situated, who may come in and contribute to the expense of the suit. * * * That heretofore, to-wit, on the first day of January, 1880, the said…
2Cases cited11 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- Johnson v. County of StarkIllinois Supreme Court · 1860
- Township of East Oakland v. SkinnerSupreme Court of the United States · 1877
- Burr v. City of CarbondaleIllinois Supreme Court · 1875
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3Cited by4 opinions
- City of Leavenworth v. WilsonSupreme Court of Kansas · 1904
- Hawley v. Von LankenNebraska Supreme Court · 1906
- Kennedy v. Montgomery CountyTennessee Supreme Court · 1897
- Blume v. Crawford CountySupreme Court of Iowa · 1933