LOUP COUNTY NEBRASKA GENEALOGY
Supreme Court of Nebraska.
Loup County, et al v. J.G. Wirsig
Filed April 5,
1905. No. 13, 759.
Appeals from the decision of a county
board should be entered, tried and determined in the district court
the same as appeals from justices of the peace. Haskell v.
Valley County, 41 Neb.234, followed and approved.
the district court for Loup county: John R. Hanna,
A.S. Moon and H.E. Carter, for
plaintiffs in error.
Guy Laverty, contra.
On the 15th day of June, 1903, the board of county
commissioners of Loup county allowed certain claims of one J.G.
Wirsig against said county. On the 25th day of June A.S.Moon,
a taxpayer of the county, filed a notice with the county clerk of an
appeal from the allowance of such claims, and also filed a bond in
conformity with statute, which was approved by the county
clerk. On the 28th day of August a transcript of the
procedings was filed in the district court for said county, and on
the 4th day of April, 1904, a motion was filed in the district court
to dismiss the appeal. This motion was sustained, and the
appeal dismissed, and appellant Moon brings error to this court to
set aside the judgment of the district court in dismissing the
Section 39, article I, chapter 18, Compiled Statutes
(Ann.St. 4457), which provedes for appeals by taxpayers in cases of
this character, directs, among other things, that "such appeal shall
be entered, tried, and determined the same as appeals from justice
courts." This section was construed by this court in Haskell
v. Valley County, 41 Neb. 234, and we there held that "appeals from
the decision of a county board should be entered, tried, and
determined in the district court the same as appeals from justices
of the peace." As the transcript was not filed until more than
30 days from the allowance of the claims, and as appellant offered
no showing to excuse his delay in procuring and having the
transcript filed, and as he made no effort to file a petition in the
district court within the time prescribed by section 1010a of
the code, we think the judgment of the district court was the only
one that could be properly rendered, and we recommend that such
judgment be affirmed.
Ames and Letton, CC., concur
the Court: For the reasons stated in the foregoing opinion,
the dugment of the district court is
Source: Supreme Court of
January 1905 Term, Volume LXXIII
Harry C. Lindsay,
Prepared and edited by Henry P. Stoddart,
Lincoln, Neb., State Journal Company, Law
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