CHICAGO, B. & Q. R. CO. v. GOSPER COUNTY

No. 32923.

46 N.W.2d 147 (1951)

153 Neb. 805

CHICAGO, B. & Q. R. CO. v. GOSPER COUNTY.

Supreme Court of Nebraska.

February 13, 1951.


Attorney(s) appearing for the Case

Cloyd E. Clark, Elwood, Wilber S. Aten, Holdrege, J. W. Weingarten, and W. P. Loomis, both of Omaha, for appellant.

Ted R. Frogge, Elwood, Clarence S. Beck, Atty. Gen., Walter E. Nolte, Deputy Atty. Gen., Homer L. Kyle, Asst. Atty. Gen., for appellee.

Before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


SIMMONS, Chief Justice.

In this action plaintiff sought to recover taxes paid under protest. The basis of the suit is that the taxes were levied in excess of the constitutional limitation of Article VIII, section 5. An answer and a reply were filed. Plaintiff moved for judgment on the pleadings. The trial court denied the motion and dismissed plaintiff's petition. Plaintiff appeals. We reverse the judgment and remand the cause.

Article VIII, section 5, of...

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