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STATE v. CUNNINGHAM

No. 33555.

64 N.W.2d 465 (1954)

158 Neb. 708

STATE ex rel. MARTIN v. CUNNINGHAM, President of Grand Island City Council, et al.

Supreme Court of Nebraska.

May 21, 1954.

Attorney(s) appearing for the Case

Joseph D. Martin, Grand Island, for appellant.

Harold A. Prince, Grand Island, for appellees.

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

CARTER, Justice.

This is an action for a writ of mandamus against the city of Grand Island and its officers to compel the city to accept interest at the rate of 6 percent on delinquent paving assessments. The trial court held against the relator, and he appeals.

The issue can be summarized as follows: The city of Grand Island is a home rule city. Under its charter the cost of paving may be assessed against the property...

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