State ex rel. Union Pacific Railway Company v. Colfax County
Decision Date | 17 March 1897 |
Docket Number | 7136 |
Citation | 70 N.W. 500,51 Neb. 28 |
Parties | STATE OF NEBRASKA, EX REL. UNION PACIFIC RAILWAY COMPANY, v. COLFAX COUNTY |
Court | Nebraska Supreme Court |
ERROR from the district court of Colfax county. Tried below before SULLIVAN, J. Affirmed.
AFFIRMED.
J. M Thurston, W. R. Kelly, and E. P. Smith, for plaintiff in error.
George H. Thomas and E. T. Hodsdon, contra.
The Union Pacific Railway Company and others presented a petition to the board of county commissioners of Colfax county on April 25, 1892, under article 1, chapter 89 Complied Statutes, praying the location and construction of a drainage ditch over and across the lands of the petitioners. The commissioners entered the following orders on their record relating to said petition:
Subsequently, at an adjourned meeting held on May 9, 1892, the board made and caused to be entered on its journal an order directing the county surveyor to go upon the line described in the petition, and survey, level, and stake the same, and make a report, profile, and plat thereof, and do and perform the other matters and things required by sections 7, 8, and 9 of said article and chapter. The surveyor complied with said order and filed his report with the county clerk on June 27, 1892. A date was fixed for a hearing on said report, and notice thereof was given in accordance with section 10 of said chapter. Claims for damages on account of said ditch were duly filed to the amount of $ 9,093, and at the time so fixed for the hearing the county commissioners convened in session, and then determined that the requisite notice had been given of the hearing and the report, and after listening to the argument of counsel for certain persons who had filed exceptions and objections against the proposed ditch, the board adjourned to meet the next morning, at which time it made and caused to be entered of record the following:
Thereafter the Union Pacific Railway Company, by proceedings instituted in the district court of Colfax county in the nature of certiorari, obtained a reversal and vacation of the said order of the county board last aforesaid, and said commissioners having refused to construct said ditch, relator instituted mandamu...
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