Fiske v. Sch. Dist. of Lincoln
| Court | Supreme Court of Nebraska |
| Writing for the Court | HARRISON |
| Citation | 80 N.W. 265,59 Neb. 51 |
| Parties | FISKE v. SCHOOL DISTRICT OF THE CITY OF LINCOLN. |
| Decision Date | 05 October 1899 |
59 Neb. 51
80 N.W. 265
FISKE
v.
SCHOOL DISTRICT OF THE CITY OF LINCOLN.
Supreme Court of Nebraska.
Oct. 5, 1899.
Adherence to views expressed in the former opinion, reported in 78 N. W. 392, announced, the judgment reversed, and the cause remanded.
On rehearing. Reversed.
For former opinion, see 78 N. W. 392.
[80 N.W. 265]
HARRISON, C. J.
In this action the plaintiff sought a recovery for services alleged to
have been rendered to the defendant in preparing plans, drawings, and specifications for school buildings, pursuant to the terms of a contract between the parties. To the petition filed in the district court a general demurrer was presented, and on hearing sustained, and the suit dismissed. In an error proceeding to this court the matter was submitted, and an opinion was filed February 23d of the current year, and the judgment of the trial court was reversed. The conclusions then announced were as follows: “(1) A board of education has power to contract with an architect to prepare general drawings and specifications for a school house, as a preliminary to determining whether a building, and, if so, what kind, shall be constructed, although, for want of funds devoted to building purposes, it may at that time have no power to erect the building. (2) Such preliminary steps are not a part of the work of construction.” The opinion is reported in 78 N. W. 392. On motion a rehearing was allowed, and there has been a second hearing and submission of the cause.
For a statement of the case, we refer to the former opinion. It need not be repeated here. It will be noticed that the controverted questions relate mainly, if not entirely, to the right of the plaintiff to recover for preliminary plans, drawings, and specifications, which were not used or followed in the construction of any buildings. It is strenuously insisted that the rules announced in the opinions in the cases of School Dist. v. Stough, 4 Neb. 357; Gehling v. School Dist. No. 56, 10 Neb. 239, 4 N. W. 1023;School Dist. No. 16 v. School Dist. No. 9, 12 Neb. 241, 11 N. W. 311;State v. Sabin, 39 Neb. 570, 58 N. W. 178;Mizera v. Auten, 45 Neb. 239, 63 N. W. 399;Andrews v. School Dist., 49 Neb. 420, 68 N. W. 631,--and the principles underlying them, are governable in the present controversy, and fatal to the claims of the plaintiff. It is asserted that the cases cited directly establish, or by fair inference state, that the authority of school-district boards...
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Sch. Dist. of Lincoln v. Fiske
...already determined upon, or not. We are satisfied with the doctrine declared on the former hearing, and upon the rehearing of the same (59 Neb. 51, 80 N. W. 265), and do not think the facts proved or sought to be proved by defendant take the case out of that rule. Further, the principle the......
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Banks v. Board of Ed. of Chase County High School Dist. No. 15, No. 41884
...must be submitted to the voters. See Fiske v. School District of the City of Lincoln, 58 Neb. 163, 78 N.W. 392, affirmed on rehearing, 59 Neb. 51, 80 N.W. 265. The plans submitted under the architectural contract in that case were apparently of a more preliminary nature than those submitted......
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Gaddis v. Sch. Dist. of City of Lincoln, No. 17,828.
...School District v. Fiske, 61 Neb. 3, 84 N. W. 401. The other opinions in Fiske v. School District, 58 Neb. 163, 78 N. W. 392, and 59 Neb. 51, 80 N. W. 265, merely decide that the board of education of the city of Lincoln had power to contract for plans for a school building, even if the doc......
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First Nat. Bank of Chadron v. Tootle
...396, and the one on rehearing in 42 Neb. 237, 60 N. W. 569. After the return of the case to the district court, a second trial occurred, [80 N.W. 265]as a result of which the defendant in error was accorded a judgment, and the bank has prosecuted this error proceeding to this court. For a m......
-
Sch. Dist. of Lincoln v. Fiske
...already determined upon, or not. We are satisfied with the doctrine declared on the former hearing, and upon the rehearing of the same (59 Neb. 51, 80 N. W. 265), and do not think the facts proved or sought to be proved by defendant take the case out of that rule. Further, the principle the......
-
Banks v. Board of Ed. of Chase County High School Dist. No. 15, No. 41884
...must be submitted to the voters. See Fiske v. School District of the City of Lincoln, 58 Neb. 163, 78 N.W. 392, affirmed on rehearing, 59 Neb. 51, 80 N.W. 265. The plans submitted under the architectural contract in that case were apparently of a more preliminary nature than those submitted......
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Gaddis v. Sch. Dist. of City of Lincoln, No. 17,828.
...School District v. Fiske, 61 Neb. 3, 84 N. W. 401. The other opinions in Fiske v. School District, 58 Neb. 163, 78 N. W. 392, and 59 Neb. 51, 80 N. W. 265, merely decide that the board of education of the city of Lincoln had power to contract for plans for a school building, even if the doc......
-
First Nat. Bank of Chadron v. Tootle
...396, and the one on rehearing in 42 Neb. 237, 60 N. W. 569. After the return of the case to the district court, a second trial occurred, [80 N.W. 265]as a result of which the defendant in error was accorded a judgment, and the bank has prosecuted this error proceeding to this court. For a m......