Baker v. City of Fairbury
Nebraska Supreme Court
Error to the district court for Jefferson county. Tried below before Morris, J. cited, contending that the tax was illegal and could be recovered back: Torbitt v. Louisville, 4 S. W. Rep. [Ky.], 345; Hatter v. Greenlee, 26 Am. Dec. [Ala.], 374; Cotter v. Doty, 5 O., 397; CHS', ■v. Bryson, 15 Id., 625; Claflin v. McDonough, 84 Am.
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Error to the district court for Jefferson county. Tried below before Morris, J. cited, contending that the tax was illegal and could be recovered back: Torbitt v. Louisville, 4 S. W. Rep. [Ky.], 345; Hatter v. Greenlee, 26 Am. Dec. [Ala.], 374; Cotter v. Doty, 5 O., 397; CHS', ■v. Bryson, 15 Id., 625; Claflin v. McDonough, 84 Am. Dec. [Mo.], 54, and notes; Digonier v. Ackerman, 15 Id. [Ind.], 323; Chandler v. Sanger, 19 Id. [Mass.], 367-695; Hilborn v. Bucknam, 57 Id. [Me.], 816; State v. Gray, 23 Neb., 369; 2 Dill., Corps., sec. 751; 4 Wait, A. &. D., 476; Cobb v. Carter, 87 Am. Dec.…
1Opinion of the CourtMaxwell, J.
A demurrer to the petition was sustained in the court below and the action dismissed. The petition is as follows:
“Said defendant is a city of the second class, duly organized under the laws of Nebraska, being divided into two wards only, and whose council is composed of two councilmen, elected as such from each ward, and no more; and having less than 5,000 inhabitants, and was so at all of the times hereinafter mentioned.
“2d. That on or about the 1st day of May, 1887, the said plaintiff was about to engage in the business of vending malt, spirituous, and vinous liquors within said city, and…
2Cited by4 opinions
- Evans v. Hughes CountySouth Dakota Supreme Court · 1892
- Woodmen of the World Life Insurance Society v. American Society of Composers, Authors, & PublishersNebraska Supreme Court · 1945
- Dixon County v. BeardshearNebraska Supreme Court · 1893
- Charles Blum Co. v. Town of HastingsSupreme Court of Florida · 1918