School District Number Two v. Board of County Commissioners
Nebraska Supreme Court
Error to the Saline county district court. In the years 1876, 1877, and 1878, the treasurer of the city.of Crete collected the sum of $3,700 as license money for the sale of intoxicating liquors, under ordinances of said city passed pursuant to the city’s general powers and the authority of chapter 53 of the criminal code.
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Error to the Saline county district court. In the years 1876, 1877, and 1878, the treasurer of the city.of Crete collected the sum of $3,700 as license money for the sale of intoxicating liquors, under ordinances of said city passed pursuant to the city’s general powers and the authority of chapter 53 of the criminal code. This sum of money, in different sums, at different times, said city treasurer turned over to the county treasurer, who placed it to the credit of the school fund, and disbursed the same in the manner practiced prior to the adoption of the state constitution of 1875. The…
1Opinion of the Court
Lake, J.. The action below was commenced to recover the amount of certain license moneys which, under section 5, article VIII of the constitution of 1875, belonged to the plaintiff, and should have been applied exclusively to the support of its common schools.
But we think the plaintiff has mistaken its remedy. Although the funds in question have been improperly used by the several school districts of the county, their misapplication was a work in which the board of com*405xnissioners neither took, nor could take, any part whatever, and for which the county is in no way liable.
By referring to see.…
2Cited by4 opinions
- School District No. 34 v. ThompsonNebraska Supreme Court · 1897
- Lancaster County v. StateNebraska Supreme Court · 1905
- Guthrie v. State ex rel. School District No. 7Nebraska Supreme Court · 1896
- McDonald v. Lincoln CountyNebraska Supreme Court · 1942