Board of Commissioners v. Batty
Nebraska Supreme Court
Error to the district court for Hall county. Tried below before Post, J. cited den. Stat., secs. 10, 34, 39, chapter 13. Dillon Mun.
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Error to the district court for Hall county. Tried below before Post, J. cited den. Stat., secs. 10, 34, 39, chapter 13. Dillon Mun. Corp,, sec. 373, note 1; sec. 388, note 1. Follmer v. Nuckolls County, 6 Neb., 204. Ohio v. Yeatman, 22 Ohio State, 546. Bradford v. The State, 7 Neb., 109. S. C. P. B. B. v. Washington Co., 3 Neb., 42. The People v. Commissioners, 4 Neb., 157. Corporations will not be permitted to avail themselves of the plea of ultra vires to defeat an action on an executed contract, i. e., one on which the other party has fully relied in expending his money and performing…
1Opinion of the Court
Maxwell, Ch. J.
In 1876 Clarksville precinct, in Merrick county, voted and issued bonds to the amount of $8,000 for the purpose of building a bridge across the Platte river, the proposition submitted to the voters, containing provisions that the bridge should be a toll bridge and for the appointment of a commission to construct and take charge of the same. The defendant in error was a member of this commission, which, as it was a body unauthorized by law, it is unnecessary to notice further. The precinct bonds being insufficient to construct the bridge, notes to the amount of about $1600 were…
2Cases cited1 opinion
- People ex rel. Putnam v. Commissioners of Buffalo CountyNebraska Supreme Court · 1875
3Cited by8 opinions
- Rath v. City of SuttonNebraska Supreme Court · 2004
- Jefferson County v. YoungCourt of Appeals of Kentucky · 1905
- Shold v. Van TreeckNebraska Supreme Court · 1908
- State ex rel. Woodruff-Dunlap Printing Co. v. CornellNebraska Supreme Court · 1897
- Western Chemical Co. v. Board of County CommissionersNebraska Supreme Court · 1936
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