Aachen & Munich Fire Insurance v. City of Omaha

Nebraska Supreme Court

Aachen & Munich Fire Insurance v. City of Omaha

100 N.W. 137, 72 Neb. 112, 1904 Neb. LEXIS 150

CourtNebraska Supreme Court

DecidedJune 9, 1904

DocketNo. 13,616

StatusPublished

This text of 100 N.W. 137 (Aachen & Munich Fire Insurance v. City of Omaha) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aachen & Munich Fire Insurance v. City of Omaha, 100 N.W. 137, 72 Neb. 112, 1904 Neb. LEXIS 150 (Neb. 1904).

Pincite

Opinion

Ames, C.

This is an original action in this court; the object and prayer of the petition in which is to procure a judgment of this court canceling and annulling certain alleged levies of taxes by the mayor and council of the city of Omaha against or upon certain insurance companies doing business in that city, on the ground that the asssessments upon which the levy was made are void. In our opinion, the subject matter is not within the jurisdiction of this court. By section 2, article VI of the constitution, this court is given original jurisdiction of only “cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus,” etc. Evidently the word revenue as here used has no reference to the revenues of municipal corporations, but to those only which are required for the purposes of general state administration.

We recommend, therefore, that the action be dismissed at the costs of the plaintiffs.

Letton and Oldham, CC., concur.

By the Court:

For the reasons stated in the foregoing opinion, it is ordered that the action be dismissed at the costs of the plaintiffs.

Dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Ames, C.

This is an original action in this court; the object and prayer of the petition in which is to procure a judgment of this court canceling and annulling certain alleged levies of taxes by the mayor and council of the city of Omaha against or upon certain insurance companies doing business in that city, on the ground that the asssessments upon which the levy was made are void. In our opinion, the subject matter is not within the jurisdiction of this court. By section 2, article VI of the constitution, this court is given original jurisdiction of only “cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus,” etc. Evidently the word revenue as here used has no reference to the revenues of municipal corporations, but to those only which are required for the purposes of general state administration.

We recommend, therefore, that the action be dismissed at the costs of the plaintiffs.

Letton and Oldham, CC., concur.

By the Court:

For the reasons stated in the foregoing opinion, it is ordered that the action be dismissed at the costs of the plaintiffs.

Dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

100 N.W. 137, 72 Neb. 112, 1904 Neb. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aachen-munich-fire-insurance-v-city-of-omaha-neb-1904.