Douglas County v. Keller
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Davis, J. A statement of the case appears in the opinion. The county board, in determining that the proposition submitted at the election had carried, acted judicially.
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Error from the district court of Douglas county. Tried below before Davis, J. A statement of the case appears in the opinion. The county board, in determining that the proposition submitted at the election had carried, acted judicially. Their act in that respect became res judicata, and the county is thereby estopped from denying the title of the plaintiffs below to the land in question; and by reason of such estoppel the plaintiffs below, having acquired a perfect title, cannot recover back the purchase money. (Lynde v. Winnebago County, 16 Wall. [U. S.], 6; Commissioners of Knox County,…
1Opinion of the CourtPost, J.
The defendants in error presented to the county board of Douglas county a claim for money alleged to be due them on the cause of action hereafter mentioned. Their •claim having been rejected by the board, an appeal was taken by them to the district court, where judgment was entered in their favor and which has been removed into this court for review upon the petition in error of the county.
*642It is shown by the record that in the year 1886 Douglas-county was the owner of the northeast quarter of section 29, township 15, range 13 east, in said county. On the-14th day of August of said year a…
2Cases cited26 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Clark v. United StatesSupreme Court of the United States · 1877
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- Hurford v. City of OmahaNebraska Supreme Court · 1876
21 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lancaster County v. GreenNebraska Supreme Court · 1898
- Stenberg v. StateNebraska Supreme Court · 1896
- Stenberg v. State ex rel. KellerNebraska Supreme Court · 1897
- Bryan v. City of LincolnNebraska Supreme Court · 1897
- Davis v. DavisNebraska Supreme Court · 2008
7 more not listed; retrieve them via the Exa API.