Legal Opinion · Concurrence

Brooks v. MacLean

Nebraska Supreme Court

Decided January 7, 1914No. 17,289Published

Appeal from the district court for Dawson county: Bruno O. Hostetler, Judge.

1ConcurrenceIIambr., J.

I do not like to burden the taxpayer with a liability which starts in an irregular way. The formation of the precinct was in pursuance apparently of an agreed plan to vote the bonds on the territory. There is nothing in the construction of a bridge which requires undue haste and irregular methods; and, while there was probably no intent to defraud, the method of forming the precinct was not for the general purposes of government, but to cause the bonds to be issued, which is only one purpose and therefore not in accordance with the general purposes of the law. The law calls for the creation…

2Cases cited6 opinions

  1. Morris v. MerrellNebraska Supreme Court · 1895
  2. State ex rel. Chandler v. Board of County CommissionersNebraska Supreme Court · 1880
  3. State ex rel. Grady v. Board of County CommissionersNebraska Supreme Court · 1885
  4. Morton v. CarlinNebraska Supreme Court · 1897
  5. Nash v. BakerNebraska Supreme Court · 1893

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