Burlington & Missouri River Railroad v. Board of County Commissioners
Nebraska Supreme Court
Appeal from a decree rendered in the district court for York county, enjoining the collection of taxes to pay interest on county bonds, and taxes to pay school bonds issued by several districts of the county, all of which were levied on lands belonging to plaintiif. The court below made the injunction perpetual, and defendants appealed.
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Appeal from a decree rendered in the district court for York county, enjoining the collection of taxes to pay interest on county bonds, and taxes to pay school bonds issued by several districts of the county, all of which were levied on lands belonging to plaintiif. The court below made the injunction perpetual, and defendants appealed. I. If in this levy to pay interest on bonded indebtedness, there should be found some excess, this will not vitiate the whole tax — the good can be separated from the bad by computation. Frazer v. Seibern, 16 O. St., 615. Obryne v. Mayor Savannah, 41 G-a.,…
1Opinion of the Court
Maxwell, Oh. J.
This cause is brought here on appeal from the decree of the district court of York county.
The first ground of complaint set forth in the plaintiff’s petition is in respect of .the following action of the board of county commissioners, namely : “ The board upon examination finds the indebtedness of York county as follows: Bonded indebtedness, $138,000. * * * And the board thereupon levied the following sinking fund taxes, to-wit: To pay interest on bonded indebtedness, fourteen mills on the dollar.”
The plaintiff, after stating at an unnecessary length the facts and history of…
2Cases cited11 opinions
- Morrison v. HershireSupreme Court of Iowa · 1871
- Clark, Dodge & Co. v. City of DavenportSupreme Court of Iowa · 1863
- Hersey v. Board of SupervisorsWisconsin Supreme Court · 1862
- Palmer v. Township of NapoleonMichigan Supreme Court · 1867
- Hallenbeck v. HahnNebraska Supreme Court · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Grant v. BartholomewNebraska Supreme Court · 1899
- Bardrick v. DillonSupreme Court of Oklahoma · 1898
- Western Union Telegraph Co. v. City of OmahaNebraska Supreme Court · 1905
- Chicago, Rock Island & Pacific Railway Co. v. ShepherdNebraska Supreme Court · 1894
- B. & M. R. R. v. Board of County Commissioners of Saunders Co.Nebraska Supreme Court · 1880
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