Niklaus v. Abel Construction Company

This is an action brought by William Niklaus “for the benefit and in behalf of the City of Lincoln, Nebraska, a body politic,” as recited in the caption of the petition and as recited in the body of the petition “for benefit of city of Lincoln.” The defendants are Abel Construction Company, a corporation, and “Universal Surety Company.”

The petition recited that plaintiff is a citizen and taxpayer and that the city of Lincoln is a municipal corporation operating under a Home Rule charter. It recited that a demand upon the mayor and city council to bring the action would be useless and that…