Township of Inavale v. Bailey

• Decision Date: 26 October 1892
• Citation: 53 N.W. 465,35 Neb. 453
• Parties: TOWNSHIP OF INAVALE v. JUDSON BAILEY, COUNTY CLERK, ET AL
• Court: Nebraska Supreme Court

53 N.W. 465

35 Neb. 453

TOWNSHIP OF INAVALE v. JUDSON BAILEY, COUNTY CLERK, ET AL

Supreme Court of Nebraska

October 26, 1892

ERROR to the district court for Webster county. Tried below before GASLIN, J.

REVERSED AND REMANDED.

John R Wilcox, for plaintiff in error.

Case & McNeny, contra.

OPINION

MAXWELL, CH. J.

A demurrer to the petition was sustained in the court below and the action dismissed. The petition is as follows:

"Your petitioner says that it is one of the townships of Webster county, Nebraska; that defendant Walnut Creek township is also one of the townships of said county; that defendant Judson Bailey, is county clerk of said county, and defendant Manley McNitt is treasurer of said county.

"Your petitioner says that prior to and up to June 21, 1888, the south boundary of Inavale township was the Republican river and the boundary of defendant Walnut Creek township was the same portion of the Republican river; that some time prior to said June 21, 1888, the defendant Walnut Creek township, without notice to plaintiff, presented to the defendant board of supervisors a petition signed solely by residents and property owners of said Walnut Creek township praying the said board to change the boundary of the said Inavale and Walnut Creek townships so as to make the township line between towns 1 and 2, range 12, the boundary between said townships instead of the river; plaintiff says that the effect of this change, when made, was to transfer from Inavale township to Walnut Creek township the following lands and the personal property of those living thereon, to-wit: lots 1, 2, 3, 4, and 5 of section 1, town 2, range 12; lots 1, 2, 3, 4, 5, and 6, section 2, town 1, range 12; northeast quarter the north half, and southeast quarter of the northwest quarter, and lots 3, 4, 5, and 6, section 3, town 1, range 12; northwest quarter, the north half, the northeast quarter, and lots 3, 4, 5, and 6, section 4, town 1, range 12; all the north half, and lots 3, 4, 5, and 6, section 5, town 1, range 12; all section 6, and north half northeast quarter, the northeast quarter of the northwest quarter, and lots 4, 5, and 6, section 7, town 1, range 12.

"Plaintiff says that all the owners of said land and property remonstrated and objected against said change, but that the said defendant board of supervisors illegally and unlawfully made such change, and defendant Bailey threatens to put, is putting, or has put said property upon the tax list of Webster county, Nebraska, for the year 1888, as though said property was in Walnut Creek township, and to put it upon the township tax list of said township. Defendant McNitt threatens to collect the township taxes for the year 1888 upon said property and pay them over to the said Walnut Creek township.

"Plaintiff prays that defendant Bailey may be ordered to put said property upon the tax list of Inavale township in both...