Box Butte Cnty. v. Noleman

Decision Date17 March 1898
Citation74 N.W. 582,54 Neb. 239
PartiesBOX BUTTE COUNTY v. NOLEMAN.
CourtNebraska Supreme Court
OPINION TEXT STARTS HERE
Syllabus by the Court.

1. An appeal from an order of a county board allowing a claim against the county brings the matter to the district court for trial de novo.

2. In a case appealed from an order of a county board, issues should be joined in the district court as in cases appealed from justices of the peace.

3. In a case appealed from an order of a county board disallowing a claim, the district court cannot lawfully render judgment against the county without pleadings being filed or a trial had.

Error to district court, Box Butte county; Kinkaid, Judge.

P. H. Driscoll appealed from the judgment of the county commissioners of the county of Box Butte on a claim against the county. Judgment was rendered for the whole amount of his claim, and the county brings error. Pending error, defendant in error died, and R. C. Noleman was substituted. Reversed.B. F. Gilman, for plaintiff in error.

R. C. Noleman, in pro. per.

SULLIVAN, J.

The county of Box Butte leased its poor farm to Pat. H. Driscoll for the period of one year, from March 1, 1893. The lease was in writing, signed by both parties, and provided that Driscoll should pay as rental the sum of $50 on November 1, 1893, and that he should, in consideration of the leasing, keep and board the county paupers at a fixed rate per week. In July and August, 1894, claims were filed by Driscoll against the county for keeping and boarding paupers, and, in the following December, were presented to the county commissioners for their consideration and action thereon. The order of the commissioners in the matter, duly made and entered of record, is here set out: P. H. Driscoll, being indebted to Box Butte county in the sum of $50 for rent of poor farm for 1893, as per lease and contract on file, which amount was due Nov. 1st, 1893, and the said P. H. Driscoll having claims numbered 2,403 and 2,459 on file against said county for boarding paupers, amounting to $54.45, on motion it is hereby ordered that the amount due the county from said P. H. Driscoll, to wit, $50, be deducted from the amount of said claims, and that a warrant be drawn on the general fund for the balance $4.45.” From this order Driscoll appealed, and at the April term of the district court filed a motion for judgment on the certified transcript of the commissioners' record. The motion was sustained, and a judgment rendered for the full...

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2 cases
  • Kief v. Mills
    • United States
    • Minnesota Supreme Court
    • November 5, 1920
    ...sustain this position. Hays v. Pugh, 158 Ind. 500, 64 N. E. 13;Dakota County v. Borowsky, 67 Neb. 317, 93 N. W. 686;Box Butte Co. v. Noleman, 54 Neb. 239, 74 N. W. 582;Saline County v. Kinkead, 84 Ark. 329, 105 S. W. 581;Prothero v. Board of County Commissioners, 22 Idaho, 598, 127 Pac. 175......
  • Kief v. Mills
    • United States
    • Minnesota Supreme Court
    • November 5, 1920
    ... ... 500, 64 N.E. 13; ... Dakota County v. Borowsky, 67 Neb. 317, 93 N.W. 686; ... Box Butte County v. Noleman, 54 Neb. 239, 74 N.W ... 582; Saline County v. Kinkead, 84 Ark. 329, 105 S.W ... ...

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