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MANNERS v. CITY OF WAHOO

No. 32854.

45 N.W.2d 113 (1950)

153 Neb. 437

MANNERS et al. v. CITY OF WAHOO et al.

Supreme Court of Nebraska.

December 15, 1950.

Attorney(s) appearing for the Case

H. A. Bryant, Wahoo, for appellants.

Joseph L. Pallat, Wm. T. Gleeson, and Myrl D. Edstrom, all of Wahoo, J. W. Weingarten, Omaha, W. P. Loomis, Omaha, for appellees.

Heard before SIMMONS, C. J., and MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ

CHAPPELL, Justice.

Plaintiffs, as residents and owners of abutting or adjacent real property in Wahoo, a city of the second class, brought this action to enjoin the city from letting contract for and levying special assessments to pay the cost of paving certain streets therein pursuant to ordinance No. 585, purportedly enacted under authority of section 17-512, R.S.1943. By leave of court, the Chicago, Burlington, and Quincy Railroad

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