Koenig v. Omaha & North Western Railroad
Nebraska Supreme Court
Error to the district court of Lancaster county. The opinion states the case. said, i/nter alia, that the defendant in error could only be allowed the relief prayed for, and granted by the court below, upon the assumption that the act of 1869 operated as a grant, or that, upon acceptance of its provisions, it became a contract between the state and the companies so accepting, neither of which views could by any fair construction of the act be maintained.
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Error to the district court of Lancaster county. The opinion states the case. said, i/nter alia, that the defendant in error could only be allowed the relief prayed for, and granted by the court below, upon the assumption that the act of 1869 operated as a grant, or that, upon acceptance of its provisions, it became a contract between the state and the companies so accepting, neither of which views could by any fair construction of the act be maintained. That the act was not a grant was so clear by its own terms that this branch of the question was out of the enquiry in its construction. And…
1Opinion of the CourtGantt, J.
The defendant in error was plaintiff in the district court, and by its petition alleged, voter aUa, that it is a corporation duly created under the laws of this state, and as such company commenced and built ten consecutive miles • of a first class railroad, which was examined and approved by commissioners as directed by law, who made report of their examination to the governor of this state, and that the governor accepted and ratified such report, and thereupon twenty thousand acres of land were patented to the defendant in error; and that all this was done before February 15, 1870; that…
2Cases cited4 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Warren v. MayorSupreme Court of Iowa · 1867
- Crofoot v. PeopleMichigan Supreme Court · 1869
3Cited by5 opinions
- State v. Sioux City & Pacific RailroadNebraska Supreme Court · 1878
- New Orleans Water-Works Co. v. St. Tammany Water-Works Co.U.S. Circuit Court for the District of Eastern Louisiana · 1882
- Opinion No. (1992), Nebraska Attorney General Reports1992
- Rider v. B. & M. R. R.Nebraska Supreme Court · 1883
- State v. CordingNebraska Supreme Court · 1917