Legal Opinion

Sioux City & Pacific Railroad v. Washington County

Nebraska Supreme Court

Decided January 15, 1873PublishedCited by 36 opinions

These were two cases commenced in tbe district court of Washington county, tbe first being an appeal from tbe decision of tbe board of county commissioners in overruling the petition and motion of tbe Sioux City and Pacific Railroad, to set aside tbe action of tlie board in raising the assessment of said railroad from six to twelve thousand dollars per mile, and the other being a petition in error alleging manifest errors in the proceedings of said ' board concerning the…

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These were two cases commenced in tbe district court of Washington county, tbe first being an appeal from tbe decision of tbe board of county commissioners in overruling the petition and motion of tbe Sioux City and Pacific Railroad, to set aside tbe action of tlie board in raising the assessment of said railroad from six to twelve thousand dollars per mile, and the other being a petition in error alleging manifest errors in the proceedings of said ' board concerning the same assessment. Both cases were heard at the November Term, 1872, of the district court. The appeal case was dismissed for…

1Opinion of the CourtGantt, J.

One of these cases was brought into the district court on appeal, and the other by petition in error from a decision of the board of county commissioners of Washington county, and both involving the same subject matter, they will be considered together in this opinion.

In the appeal case it is complained that on the 16th day of May, 1812, the county commissioners, by their order of that date, increased the assessed valuation of plaintiff’s railroad from $6,000 to $12,000 per mile; and the plaintiff, by petition, asked the board to reverse that order, and to levy the tax on said road at the…

2Cases cited3 opinions

  1. Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
  2. Board of Commissioners v. CoxIndiana Supreme Court · 1855
  3. Murphy v. Napa CountyCalifornia Supreme Court · 1862

3Cited by36 opinions

  1. Heckman v. MarchioNebraska Supreme Court · 2017
  2. Allen v. Comm'rs of Pittsburg CountySupreme Court of Oklahoma · 1911
  3. People ex rel. Putnam v. Commissioners of Buffalo CountyNebraska Supreme Court · 1875
  4. Carroll v. AlsupTennessee Supreme Court · 1901
  5. Dower v. SeedsWest Virginia Supreme Court · 1886

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