Minshull v. Sherman County

Nebraska Supreme Court

Minshull v. Sherman County

146 N.W. 1009, 95 Neb. 835, 1914 Neb. LEXIS 288

CourtNebraska Supreme Court

DecidedApril 17, 1914

DocketNo. 17,619

StatusPublished

This text of 146 N.W. 1009 (Minshull v. Sherman County) 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

Minshull v. Sherman County, 146 N.W. 1009, 95 Neb. 835, 1914 Neb. LEXIS 288 (Neb. 1914).

Pincite

Opinion

Rose, J.

Plaintiff alleged in his petition that, as a taxpayer, he appealed from the allowance of two claims against ■ Sherman county, and that he paid his attorney $50' for professional services in successfully prosecuting the appeals. For this sum he demanded judgment against the county. A demurrer to his petition was sustained, and from the dismissal of his action he appealed.

The ruling on the demurrer is right. A statute permits an appeal by a taxpayer from the allowances of a claim against the county, but there is no statute making.the county liable for the fees of his attorney in prosecuting such an appeal. Rev. St. 1913, sec. 966. A taxpayer, [836]*836though permitted by law to appeal from the allowance of a claim against the county, cannot, in absence of statutory authority, collect from the county fees paid by him to his attorney for prosecuting such an appeal.

Affirmed.

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Rose, J.

Plaintiff alleged in his petition that, as a taxpayer, he appealed from the allowance of two claims against ■ Sherman county, and that he paid his attorney $50' for professional services in successfully prosecuting the appeals. For this sum he demanded judgment against the county. A demurrer to his petition was sustained, and from the dismissal of his action he appealed.

The ruling on the demurrer is right. A statute permits an appeal by a taxpayer from the allowances of a claim against the county, but there is no statute making.the county liable for the fees of his attorney in prosecuting such an appeal. Rev. St. 1913, sec. 966. A taxpayer, [836]*836though permitted by law to appeal from the allowance of a claim against the county, cannot, in absence of statutory authority, collect from the county fees paid by him to his attorney for prosecuting such an appeal.

Affirmed.

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Bluebook (online)

146 N.W. 1009, 95 Neb. 835, 1914 Neb. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minshull-v-sherman-county-neb-1914.