Nebraska Reports Volume 82

Nebraska Reports Volume 82

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: required the exercise of a discretion, saying: "It was their duty as supervisors to act for the best interests of the people of the county, and they could acquire no rights as super visors which can defeat the performance of that duty." Supervisors v. Horton, 75 Ia. 271. City Counoilpof Augusta v. Sweeney, 44 Ga. 463, 9 Am. Rep. 172; Mayor v. State, 30 N. J. Law, 521; Stoddard o. Gilman, 22 Vt. 568; McC0noughey o. Jackson, 101 Cal. 265, 40 Am. St. Rep. 53; 1 Dillon, Municipal Corporations (4th ed.), secs. 290, 311, 314. Judge Dil1on's language is as follows:,"At any time before the rights of third persons have vested, a council or other corporate body may, if consistent with its charter and rules of action, rescind previous votes and orders." See, also, 2 Abbott, Municipal Corporations, secs. 548-550; 1 Smith, Municipal Corporations, sec. 309, to the same effect. In Dodge County v. Acom, 61 Neb. 376, it is said with regard to appeals from an order establishing a drainage ditch: "The exercise of this power is not judicial. The finding and conclusions of the board, to whom the legislature has given authority to act in the manner prescribed, are final and conclusive as to the necessity of the proposed ditch, and that the public health, convenience or welfare will be promoted thereby, and can not thereafter be made the subject of a controversy as to whether correct and well founded or not. It is the exercise of a delegated power, political or administrative in character, conferred upon the county board by the sovereign authority of the state acting through its legislative branch of government. Lynch '0. Forbes, 161 Mass. 302; In re Cooper, 28 Hun (N. Y.), 515; Chicago, R. I. & P. R. Co. o. Lake, more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 1236911288
  • 9781236911285