Legal Opinion

Township of Midland v. County Board

Nebraska Supreme Court

Decided September 20, 1893No. 3452PublishedCited by 3 opinions

Appeal from the district court of Gage county. Heard below before Broady, J. The mistake made by the board of supervisors in substituting the word “township” in the call and notice of election for the words “county of Gage” contained in the petition of the freeholders, was an immaterial clerical error, which could have had no effect upon the result of the election, and could not, consequently, effect its validity. Ch. 45, sec. 14, Comp.

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Appeal from the district court of Gage county. Heard below before Broady, J. The mistake made by the board of supervisors in substituting the word “township” in the call and notice of election for the words “county of Gage” contained in the petition of the freeholders, was an immaterial clerical error, which could have had no effect upon the result of the election, and could not, consequently, effect its validity. Ch. 45, sec. 14, Comp. Stats., gave the township the right to aid any railroad in constructing its line into the city of Beatrice, Gage county, even though it should not enter the…

1Opinion of the Court

Ragan, C.

This is an action in equity brought by the township of Midland, in the county of Gage, to restrain the board of supervisors and county clerk of said Gage county from *584issuing and delivering certain bonds of said township to the Chicago, Kansas & Nebraska Railroad Company, or to any corporation or person. The district court, on the hearing of the case, made the injunction perpetual. The board of supervisors and county clerk, and the Chicago, Kansas & Nebraska Railway Company, who had been made a party defendant on its own motion, and filed an answer in the case, appealed from the…

2Cases cited2 opinions

  1. Jones v. HurlburtNebraska Supreme Court · 1882
  2. State ex rel. St. Joseph & Denver City Rld. v. Comm'rs of Nemaha CountySupreme Court of Kansas · 1873

3Cited by3 opinions

  1. Lang v. Sanitary District of NorfolkNebraska Supreme Court · 1955
  2. Nash v. BakerNebraska Supreme Court · 1893
  3. George v. ClevelandNebraska Supreme Court · 1898

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