Legal Opinion

State ex rel. Clark v. Board of County Commissioners

Nebraska Supreme Court

Decided October 15, 1877PublishedCited by 23 opinions

This was an application for a peremptory writ of mandamus to compel the board of county commissioners of Buffalo county to levy a tax for tbe payment of a claim audited and allowed the relator by the said board.

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This was an application for a peremptory writ of mandamus to compel the board of county commissioners of Buffalo county to levy a tax for tbe payment of a claim audited and allowed the relator by the said board. It was the same claim, payment of which was enjoined by William L. Dayton, a tax payer of said county, suing for himself and others in like situation, against the relator and the respondents, which suit was finally determined in this court the thirteenth day of May, 1877, in the action in this court entitled, Henry T. Clark, plaintiff in error, against William L. Dayton and the…

1Opinion of the CourtGantt, J.

The relator erected a highway bridge across the Platte river, in pursuance of a contract, whereby the county commissioners of Buffalo county stipulated that said county should pay for that portion of the bridge which lay in said county. When the bridge was completed, it was accepted by the said board of county commissioners, and opened to public use as a highway bridge; and the board, having examined and audited the' relator’s accounts, did, on the 15th of August, 1874, adjudge the sum of $19,577.50 to be due and owing to the relator for building that portion of the bridge which lay within…

2Cases cited9 opinions

  1. Fischli v. FischliIndiana Supreme Court · 1825
  2. Sioux City & Pacific Railroad v. Washington CountyNebraska Supreme Court · 1873
  3. Case v. ReeveNew York Supreme Court · 1817
  4. Carroll v. Board of PoliceMississippi Supreme Court · 1854
  5. State ex rel. Van Vliet v. WilsonWisconsin Supreme Court · 1864

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3Cited by23 opinions

  1. City of Atlanta v. Blackman Health Resort Inc.Supreme Court of Georgia · 1922
  2. Board of County Commissioners v. LunneySupreme Court of Colorado · 1909
  3. Heald v. Polk CountyNebraska Supreme Court · 1895
  4. Mitchell v. County of ClayNebraska Supreme Court · 1903
  5. Pennock v. Douglas CountyNebraska Supreme Court · 1894

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