Legal Opinion

White v. Burlington & Missouri River Railroad

Nebraska Supreme Court

Decided January 15, 1877PublishedCited by 4 opinions

Error from the district court of Lancaster county. The action was brought by the defendant in error, who was plaintiff in the district court, to enjoin the plaintiffs in error from collecting taxes levied for the year 1871, upon certain lands situated in Lancaster county. A general demurrer was filed by each of the defendants below to the petition, which demurrers were overruled by the court, and judgment rendered permanently enjoining the collection of said taxes.

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Error from the district court of Lancaster county. The action was brought by the defendant in error, who was plaintiff in the district court, to enjoin the plaintiffs in error from collecting taxes levied for the year 1871, upon certain lands situated in Lancaster county. A general demurrer was filed by each of the defendants below to the petition, which demurrers were overruled by the court, and judgment rendered permanently enjoining the collection of said taxes. They thereupon brought the cause here upon petition in error. cited Hurmewell v. Cass County, 22 Wall., 464. Qwynne v. Niswanger,…

1Opinion of the Court

Maxwell,' J.

The petition alleges that the third twenty miles of the Burlington and Missouri Eiver Bailroad in Nebraska, commencing in section twelve, township number eleven, north, range eight, east of the sixth principal meridian, and ending in section seven, township nine, north, range *395six, east, was completed on the 22d day of April, 1871. It is also alleged that the assessors of the different precincts in Lancaster county, on or about the 20th day of March, 1871, put down upon their lists among other lands in said county the lands in question, for the purpose of taxation.

Section 20, of…

2Cases cited1 opinion

  1. Hagenbuck v. ReedNebraska Supreme Court · 1873

3Cited by4 opinions

  1. Edgington v. CookNebraska Supreme Court · 1891
  2. Graff v. AckermanNebraska Supreme Court · 1894
  3. Elkhorn Land & Town Lot Co. v. Dixon CountyNebraska Supreme Court · 1892
  4. Price v. Lancaster CountyNebraska Supreme Court · 1886

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