Donnelly v. Duras
Nebraska Supreme Court
Error from the district court for Saline county. In 1876,1877, and 1878, the treasurer of the city of Crete turned over to the county treasurer certain license moneys collected under a city ordinance. Plaintiff, who is treasurer of school district No. 2, which embraces said city, brought suit to recover the said moneys from the present county treasurer.
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Error from the district court for Saline county. In 1876,1877, and 1878, the treasurer of the city of Crete turned over to the county treasurer certain license moneys collected under a city ordinance. Plaintiff, who is treasurer of school district No. 2, which embraces said city, brought suit to recover the said moneys from the present county treasurer. The constitution of 1875, which diverted license moneys collected from county to city school fund, and the legislature provided no new means by which the money could go directly from city to school district treasury. Hence, under General…
1Opinion of the CourtLake, J.
The demurrer to the petition was properly sustained. The facts stated do not constitute a cause of action. The plaintiff had no authority to prosecute an action in his own name on a demand, if one in fact existed, *285belonging exclusively to the school district. The district is a body corporate, and authorized to sue and be sued. Sec. 2, ch. 68, Gen. Stats. And the suit must be in the name by which the district is known, and not in that of its treasurer, who may, under certain circumstances, appear on behalf of the corporation and attend to the prosecution or defense, as the case may be. Id.,…
2Cited by2 opinions
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