Hoxie v. Scott

Decision Date22 May 1895
Citation63 N.W. 387,45 Neb. 199
PartiesHOXIE ET AL. v. SCOTT ET AL.
CourtNebraska Supreme Court
OPINION TEXT STARTS HERE
Syllabus by the Court.

Under section 14, c. 45, Comp. St., it is necessary, to confer jurisdiction upon county commissioners to order the holding of an election on a proposition to vote bonds by a township in aid of a work of internal improvement, that a petition should be presented to such commissioners, signed by not less than 50 freeholders of such township.

Appeal from district court, Holt county; Crites, Judge.

Action by Wilson Hoxie and others against Barrett Scott, treasurer, and others, to restrain the collection of certain taxes. Judgment for defendants, and plaintiffs appeal. Reversed.H. E. Murphy, for appellants.

M. F. Harrington, E. W. Adams, and Seevers & Seevers, for appellees.

RYAN, C.

The appellants, by their petition filed in the office of the clerk of the district court of Holt county, sought to enjoin the collection from themselves of certain taxes levied to pay upon the interest and a part of the principal of certain bonds issued for Gratton township, in Holt county, by the authorities of said county. These bonds, 36 in number, for $1,000 each, were issued August 1, 1890, to the Nebraska & Western Railway Company, or bearer. The facts upon which the cause was determined in favor of the appellees were agreed upon and stated in a written stipulation signed by both plaintiffs and defendants. There seems to be some reliance by appellees upon the conceded fact that, before the maturity of the first coupon which fell due, these bonds were sold and transferred by the railroad company to purchasers who bought with only such notice as by the records and the law was, of necessity, imputable to them. If the status of these purchasers is such that the irregularity hereinafter referred to could not affect their rights as bona fide holders of the above bonds, our conclusion will in no way conclude them. If, on the other hand, the result must be such that the validity of the bonds for any purpose, and by whomsoever held, shall, of necessity, be declared impossible, the question of purchase of these bonds in good faith may incidentally become one of little or no practical importance. We shall not assume to pass upon the rights of holders of the bonds as bona fide purchasers, because these parties are not in court. The proposition upon which this appeal must be determined must be considered as though there had been no sale of the bonds by the railroad company, for, under the stipulation of facts which must govern, this is the only proper subject of inquiry. The following language is quoted from this stipulation of facts: “It is admitted by the defendants in this case...

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