ELLIOTT v. CITY OF AUBURN

No. 34883.

110 N.W.2d 218 (1961)

172 Neb. 515

LeRoy E. ELLIOTT and Gertie B. Elliott, Appellants, v. CITY OF AUBURN, Nebraska, a Municipal Corporation, et al., Appellees.

Supreme Court of Nebraska.

July 14, 1961.


Attorney(s) appearing for the Case

Dwight Griffiths, Auburn, for appellants.

Yale C. Holland, Clarence E. Heaney, Jr., Omaha, John Ferneau, Dale K. Cullen, Auburn, Donald F. Stanley, Peru, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.


Motion for rehearing overruled.

SPENCER, Justice (dissenting).

The facts in this case are set out in detail in our opinion. I shall set out only those pertinent to the consideration of the case.

This is an action in equity against the county treasurer and others to declare special paving assessments void and to enjoin their collection. A demurrer was sustained to the plaintiffs' second amended petition. Plaintiffs appeal.

Plaintiffs' second...

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