Wullenwaher v. Dunnigan

CourtSupreme Court of Nebraska
Writing for the CourtMAXWELL
Citation47 N.W. 420,30 Neb. 877
PartiesWULLENWAHER ET AL. v. DUNNIGAN ET AL.
Decision Date22 December 1890

30 Neb. 877
47 N.W. 420

WULLENWAHER ET AL.
v.
DUNNIGAN ET AL.

Supreme Court of Nebraska.

Dec. 22, 1890.



Syllabus by the Court.

1. A proposition to issue bonds to a railway company is in the nature of a contract, upon the acceptance of which both parties are bound by the agreement.

2. Where certain petitioners were induced to sign a petition calling an election in K. township, Seward county, upon the representations of an agent of the railway company that the depot would be located on section 16 of said township, when in fact the depot was afterwards located on section 17, held, that the company was bound by the representations of its agents, and that persons who had been deceived thereby, and induced to sign the petition, might set up such facts to enjoin the issuing of the bonds.

3. At least 50 freeholders resident of the township, etc., must sign a petition to the county commissioners requesting them to call an election in said township for the purpose of voting aid for a railway. Without a petition so signed by the full number required the commissioners have no jurisdiction.


Appeal from district court, Seward county; NORVAL, Judge.

[47 N.W. 420]

George W. Post and D. C. McKillip, for appellants.

R. S. Norval and George W. Lowley, for appellees.


MAXWELL, J.

This is an action to enjoin the issuing of certain bonds of K. township, in the county of Seward, and to have said bonds canceled, and delivered up, and declared null and void. The pleadings, which are very lengthy, need not be set out in this opinion. On the trial of the cause, the court made findings and rendered judgment as follows: “Now, on this 29th day of December, 1888, this cause, heretofore tried on a former day of the present term of court, and taken under advisement, came on for decision and judgment, and the court, being now fully advised in the premises, does find the issues joined in favor of the plaintiffs; and that the injunction heretofore allowed and granted and issued herein ought to be made perpetual; and that the bonds now under custody of the court, in the hands and keeping of S. C. Langworthy, ought to be canceled, and held for naught; and that the said colorable and the apparent record of the proceedings of the board of supervisors of Seward county, recorded in Commissioner's Record No. 4, pp. 94 to 98, inclusive, and on pages 127 to 131, so far as the same relates to the calling of an election, and the voting of bonds, in said K. township, is incorrect, unauthorized, and ought to be canceled, set aside, and held for naught. It is therefore by the court considered, ordered, and adjudged that the said bonds, and the proposition for their issue, and the election held, and proceedings had and done in pursuance thereto, in reference to the issue of said bonds of K. township, in Seward county, Neb., were unauthorized by law and void, and that the same, and all proceedings of the said board of supervisors in reference thereto, be held for naught; that the said defendants, their successors in office or assigns, are perpetually enjoined and restrained from delivering or authorizing the delivery, in any capacity whatever, of the said bonds, or any of them, to the said defendant railroad company, and from negotiating or transferring them, or any of them, at any time, and the said defendant railroad company, its officers, assigns, agents, and successors, are each of them restrained from receiving, claiming, assigning, or negotiating said bonds, or any of them, and from in any way holding

[47 N.W. 421]

the same to be valid; that the said board of supervisors and county clerk, and their successors in office, are severally enjoined and restrained from signing, authenticating,...

To continue reading

Request your trial
17 practice notes
  • Chilton v. Town of Gratton
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • September 30, 1897
    ...82, 12 N.W. 812; Orchard v. School Dist., 14 Neb. 378, 15 N.W. 730; State v. Babcock, 21 Neb. 187, 31 N.W. 682; Wullenwaber v. Dunigan, 30 Neb. 877, 47 N.W. 420; Fullerton v. School Dist., 41 Neb. 593, 59 N.W. 896; Hoxie v. Scott, 45 Neb. 199, 63 N.W. 387. I do not think these cases support......
  • Birmingham Gas Co. v. City of Bessemer, 6 Div. 639
    • United States
    • Supreme Court of Alabama
    • December 18, 1947
    ...were made, or the exact character of such misrepresentations. In Wullenwaber v. Dunigan, from the Nebraska Supreme Court, 30 Neb. 877, 47 N.W. 420, 13 L.R.A. 811, there were averments of misrepresentation. But as we read the case, these were misrepresentations made to parties to the suit wh......
  • Brooks v. MacLean, No. 17,289.
    • United States
    • Supreme Court of Nebraska
    • January 7, 1914
    ...means “resident freeholders” plaintiff cites [144 N.W. 1069]State v. Babcock, 21 Neb. 187, 31 N. W. 682;Wullenwaber v. Dunigan, 30 Neb. 877, 47 N. W. 420, 13 L. R. A. 811;Morton v. Carlin, 51 Neb. 202, 70 N. W. 966. In the first of those cases the term “resident freeholders” is neither used......
  • Von Knuth v. Ryan, No. 21613.
    • United States
    • Supreme Court of Nebraska
    • December 21, 1921
    ...to McTeason before acceptance of the option is notice of withdrawal of the option. 6 R. C. L. 603-605, §§ 26, 27; Wullenwaber v. Dunigan, 30 Neb. 877, 47 N. W. 420, 13 L. R. A. 811;Mooney v. Daily News Co., 116 Minn. 212, 133 N. W. 573, 37 L. R. A. (N. S.) 183. It follows that the action of......
  • Request a trial to view additional results
17 cases
  • Chilton v. Town of Gratton
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • September 30, 1897
    ...82, 12 N.W. 812; Orchard v. School Dist., 14 Neb. 378, 15 N.W. 730; State v. Babcock, 21 Neb. 187, 31 N.W. 682; Wullenwaber v. Dunigan, 30 Neb. 877, 47 N.W. 420; Fullerton v. School Dist., 41 Neb. 593, 59 N.W. 896; Hoxie v. Scott, 45 Neb. 199, 63 N.W. 387. I do not think these cases support......
  • Birmingham Gas Co. v. City of Bessemer, 6 Div. 639
    • United States
    • Supreme Court of Alabama
    • December 18, 1947
    ...were made, or the exact character of such misrepresentations. In Wullenwaber v. Dunigan, from the Nebraska Supreme Court, 30 Neb. 877, 47 N.W. 420, 13 L.R.A. 811, there were averments of misrepresentation. But as we read the case, these were misrepresentations made to parties to the suit wh......
  • Brooks v. MacLean, No. 17,289.
    • United States
    • Supreme Court of Nebraska
    • January 7, 1914
    ...means “resident freeholders” plaintiff cites [144 N.W. 1069]State v. Babcock, 21 Neb. 187, 31 N. W. 682;Wullenwaber v. Dunigan, 30 Neb. 877, 47 N. W. 420, 13 L. R. A. 811;Morton v. Carlin, 51 Neb. 202, 70 N. W. 966. In the first of those cases the term “resident freeholders” is neither used......
  • Von Knuth v. Ryan, No. 21613.
    • United States
    • Supreme Court of Nebraska
    • December 21, 1921
    ...to McTeason before acceptance of the option is notice of withdrawal of the option. 6 R. C. L. 603-605, §§ 26, 27; Wullenwaber v. Dunigan, 30 Neb. 877, 47 N. W. 420, 13 L. R. A. 811;Mooney v. Daily News Co., 116 Minn. 212, 133 N. W. 573, 37 L. R. A. (N. S.) 183. It follows that the action of......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT