City of Omaha v. City of S. Omaha
Decision Date | 17 February 1891 |
Citation | 47 N.W. 1113,31 Neb. 378 |
Parties | CITY OF OMAHA v. CITY OF SOUTH OMAHA ET AL. |
Court | Nebraska Supreme Court |
1. Under section 3, c. 12 a, Comp. St., a city of the metropolitan class may extend the corporate limits so as to include an area not to exceed 25 square miles, including any village organization within such limits, which organization will thereupon cease and terminate. Under these provisions, the city must include the entire village, and cannot divide the territory and annex only a portion thereof.
2. The statute does not authorize a city of the metropolitan class to extend its limits over a city of the second class.
3. Where it is apparent that a city of the second class has in fact been duly organized in good faith, mere irregularities in some of the proceedings will not render the organization void.A. J. Poppleton, for plaintiff.
J. C. Corvin and J. W. Edgerton, for defendants.
This is an original action, brought in this court to enjoin the city of South Omaha and the treasurer thereof from collecting taxes upon certain real estate described in the petition, and from exercising any jurisdiction over said premises so described, because such exercise of jurisdiction is in excess of its corporate power. The plaintiff alleges in his petition that ...
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