Ellis v. Karl
Nebraska Supreme Court
Action in equity. Heard in tbe district court for Saline county, upon demurrer to tbe ■ petition, before "Weaver, J\, wbo sustained tbe same and entered judgment dismissing tbe case. Plaintiffs appeal. I. It is contended that tbe commissioners having found and decided that tbe petition was sufficient, that sucb finding is conclusive. This proposition is not sustained by tbe authorities.
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Action in equity. Heard in tbe district court for Saline county, upon demurrer to tbe ■ petition, before "Weaver, J\, wbo sustained tbe same and entered judgment dismissing tbe case. Plaintiffs appeal. I. It is contended that tbe commissioners having found and decided that tbe petition was sufficient, that sucb finding is conclusive. This proposition is not sustained by tbe authorities. Botton v. Jaoks, 6 Robert (N. Y.), 166. Broione v. Mayor of N. T., 3 Hun., 385. Stone v. Miller, 62 Barb., 430, 42. Sheldon v. Newton, 3 O. S., 499. Supposing they bad found that a petition bad been filed or…
1Opinion of the CourtLake, J.
This is an appeal from the district court for Saline county. The action was brought in that court against the defendants, the county officers of that county, to enjoin them, from removing their respective offices from Pleasant Hill, the former county seat, to Wilbur, the plaee to which it had been declared removed by a vote of the county.
The conclusion at which we have arrived makes it really unnecessary to notice but the single question raised by the demurrer of whether the petition states a cause of action; but, inasmuch as an important question of practice respecting the power of the…
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