Herman v. City of Crete
Nebraska Supreme Court
Error to tbe district court for Saline county. The action there was brought to recover of the city of Crete certain moneys alleged to have been collected from saloon keepers as a license tax prior to the taking effect of the present constitution, November 1, 1875. It appears from the answer of the defendant that the city of Crete passed an ordinance in April, 1875, No. 40, in accordance, as alleged, with the provisions of subdivision 4, section 31, Gen. Stat., 144, requiring…
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Error to tbe district court for Saline county. The action there was brought to recover of the city of Crete certain moneys alleged to have been collected from saloon keepers as a license tax prior to the taking effect of the present constitution, November 1, 1875. It appears from the answer of the defendant that the city of Crete passed an ordinance in April, 1875, No. 40, in accordance, as alleged, with the provisions of subdivision 4, section 31, Gen. Stat., 144, requiring each saloon keeper to pay a tax of $275 per year, as license tax, before he could engage in that business in said city…
1Opinion of the CourtLake, J.
According to the course of decisions in this court, it is unquestionable that the moneys in controversy, when collected by the city treasurer, belonged to the common school fund of Saline county, and that the county treasurer was entitled to receive them for distribution among the several school districts of the county. City of Hastings v. Thorne, 8 Neb., 160, and cases cited.. But it seems that before the action was brought, and presumably before the constitution of 1875 took effect, the municipal authorities of Crete had, by a misappropriation, applied them to the support of its local…
2Cases cited4 opinions
- White v. City of LincolnNebraska Supreme Court · 1877
- City of Tecumseh v. PhillipsNebraska Supreme Court · 1877
- City of Hastings v. ThorneNebraska Supreme Court · 1879
- Bullwinkel v. GuttenbergWisconsin Supreme Court · 1863
3Cited by1 opinion
- State ex rel. Primmer v. BrodbollNebraska Supreme Court · 1889