County of Platte v. Gerrard
Nebraska Supreme Court
Error to the district court for Platte county. The •action there was brought by Gerrard and Whitmoyer. The ■cause was sent to a referee who reported the following facts: First. That in the year 1873, the Burlington and Missouri River Railroad Company were the owners of certain ■lands in Platte county, Nebraska, subject to taxation, which were omitted from the tax rolls for said year 1873. Second.
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Error to the district court for Platte county. The •action there was brought by Gerrard and Whitmoyer. The ■cause was sent to a referee who reported the following facts: First. That in the year 1873, the Burlington and Missouri River Railroad Company were the owners of certain ■lands in Platte county, Nebraska, subject to taxation, which were omitted from the tax rolls for said year 1873. Second. That in the month of September, or October, 1874, plaintiffs and the board of county commissioners of said county, while in session, entered into a contract or agreement, by the terms of which the…
1Opinion of the CourtCobb, J.
While we by no means admit the correctness of the • proposition laid down by counsel for the defendants in ; error, to-wit: That “the power to employ counsel on the ■ *248part of a board of county commissioners is a. necessary incident to tbe power to sue and be sued,” we might safely do so, without by any means approving of the judgment in this case.
This was an action not for the value of professional .services, nor yet upon a contract to pay an agreed price •or sum for certain professional services; but upon a contract to pay to the defendants in error one-fourth part of such taxes as might be…
2Cases cited1 opinion
- Board of Commissioners v. TateNebraska Supreme Court · 1880
3Cited by20 opinions
- State ex rel. Workman v. GoldthaitIndiana Supreme Court · 1909
- Von Rosenberg v. LovettCourt of Appeals of Texas · 1914
- Fancher v. Board of CommissionersNew Mexico Supreme Court · 1921
- Grannis v. Board of County CommissionersSupreme Court of Minnesota · 1900
- State ex rel. Coleman v. Board of County CommissionersSupreme Court of Kansas · 1908
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