Burlington & Missouri River Railroad v. Kearney County

This action was brought to restrain the collection of certain taxes levied by the commissioners of Kearney county upon the property of the plaintiff for the year 1879. It is claimed that the taxes in question are illegal for want of authority on the part of, the commissioners to levy them. Upon the trial of the cause in the district court a part of' the relief prayed for was granted and the injunction made-perpetual as to that part. But a part being refused and the injunction dissolved as to the part so refused, the plain-, tiff appeals.

By the brief of counsel for defendant it is strongly…