Kountze v. Omaha

U.S. Circuit Court for the District of Nebraska

Kountze v. Omaha

14 F. Cas. 851, 5 Dill. 443

CourtU.S. Circuit Court for the District of Nebraska

DecidedJuly 1, 1879

StatusPublished

Cited by2 cases

This text of 14 F. Cas. 851 (Kountze v. Omaha) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kountze v. Omaha, 14 F. Cas. 851, 5 Dill. 443 (circtdne 1879).

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Opinion

DILLON, Circuit Judge.

In the recent case of Turner v. Althaus, 6 Neb. 64, the supreme court of the state has overruled the case of Bradshaw v. City of Omaha, 1 Neb. 17. While the latter decision remained, this court considered it as establishing a rule of decision which it was its duty to follow. Oliver v. Omaha [Case No. 10,499]. It is equally our duty to follow the rule laid down in the recent case. The same property cannot be held taxable by the one court, and not by the other.

It is inadmissible to institute a judicial inquiry into, the intention or motives of legislators in the enactment of a statute, and to make the validity of the enactment depend upon the result of such an examination. The bill must be dismissed; but, under the circumstances, no costs will be allowed to either party. Bill dismissed.

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DILLON, Circuit Judge.

In the recent case of Turner v. Althaus, 6 Neb. 64, the supreme court of the state has overruled the case of Bradshaw v. City of Omaha, 1 Neb. 17. While the latter decision remained, this court considered it as establishing a rule of decision which it was its duty to follow. Oliver v. Omaha [Case No. 10,499]. It is equally our duty to follow the rule laid down in the recent case. The same property cannot be held taxable by the one court, and not by the other.

It is inadmissible to institute a judicial inquiry into, the intention or motives of legislators in the enactment of a statute, and to make the validity of the enactment depend upon the result of such an examination. The bill must be dismissed; but, under the circumstances, no costs will be allowed to either party. Bill dismissed.

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Bluebook (online)

14 F. Cas. 851, 5 Dill. 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kountze-v-omaha-circtdne-1879.

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