STATE EX REL. SAMPSON v. KENNY

No. 37355.

175 N.W.2d 5 (1970)

185 Neb. 230

STATE of Nebraska, ex rel. Ernest B. SAMPSON and Kathryn Sampson, Appellants, v. James E. KENNY, County Treasurer, Appellee, City of Bellevue, Intervenor-Appellee.

Supreme Court of Nebraska.

February 27, 1970.


Attorney(s) appearing for the Case

Atkinson & Kelly, Papillion, for appellants.

John E. Rice, Dixon G. Adams, Bellevue, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


WHITE, Chief Justice.

The question presented in this case is whether the relators have the legal capacity to join all of the taxpayers similarly situated in a class action for mandamus against the county treasurer. On failure to further plead, the district court sustained a demurrer and dismissed the action. We affirm the judgment of the district court.

The petition in this case purports to be a class action for mandamus. The relators herein seek a district...

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