Paxton & Hershey Irrigating Canal & Land Co. v. Farmers & Merchants Irrigation & Land Co.
Nebraska Supreme Court
Appeal from the district court of Lincoln county. Heard below before Sinclair, J. The opinion contains a statement of the case. The irrigation law of 1889 is unconstitutional in so far as it attempts to confer authority to condemn lands for right of way for canals. The act contains more than one subject.
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Appeal from the district court of Lincoln county. Heard below before Sinclair, J. The opinion contains a statement of the case. The irrigation law of 1889 is unconstitutional in so far as it attempts to confer authority to condemn lands for right of way for canals. The act contains more than one subject. Article 2 treats upon a subject foreign to that mentioned in the title of the act, and is, therefore, in contravention of section 11, article 3, of the state constitution which provides: “No bill shall contain more than one subject, and the same shall be clearly expressed in its title.” (City…
1Opinion of the CourtPost, J.
This is an appeal from a decree of the district court for Lincoln county dismissing the action of the plaintiff company, whereby it seeks to prevent the appropriation by the *888defendant of a right of way through its lands for an irrigating canal. In the petition it is, in substance, alleged that the plaintiff company is the owner of 10,000 acres of land, bounded by the North Platte river, in Lincoln county, and also of an irrigating canal known as the “Paxton & Hershey ditch,” situated on its said lands and on the lands of other adjoining proprietors, that upon its said land, and nearly…
2Cases cited22 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Pulllman's Palace Car Co. v. Missouri Pacific Railway Co.Supreme Court of the United States · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Pressman v. State Tax CommissionCourt of Appeals of Maryland · 1985
- Thayer v. California Development Co.California Supreme Court · 1912
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
- State ex rel. Churchill v. BemisNebraska Supreme Court · 1895
21 more not listed; retrieve them via the Exa API.