State ex rel. Compton v. Elkhorn Valley Drainage District

Nebraska Supreme Court

State ex rel. Compton v. Elkhorn Valley Drainage District

246 N.W. 342, 124 Neb. 305, 1933 Neb. LEXIS 11

Nebraska Supreme Court·Decided January 20, 1933·No. No. 28536·Published

Opinion

Dean, J.

Mary Esther Compton, as executrix of the estate of her deceased husband, Arthur D. Compton, began this action to obtain a writ of mandamus requiring the directors of the Elkhorn Valley Drainage District to levy a special assessment for the payment of a judgment obtained by her against the district in an action entitled Compton v. Elkhorn Valley Drainage District, ante, p. 299, decided herewith. The decision in that case reversing the judg[306]*306ment is controlling here. It follows that the judgment allowing the writ of mandamus in the present action must be and it hereby is reversed, with directions that the action be dismissed.

Reversed.

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Dean, J.

Mary Esther Compton, as executrix of the estate of her deceased husband, Arthur D. Compton, began this action to obtain a writ of mandamus requiring the directors of the Elkhorn Valley Drainage District to levy a special assessment for the payment of a judgment obtained by her against the district in an action entitled Compton v. Elkhorn Valley Drainage District, ante, p. 299, decided herewith. The decision in that case reversing the judg[306]*306ment is controlling here. It follows that the judgment allowing the writ of mandamus in the present action must be and it hereby is reversed, with directions that the action be dismissed.

Reversed.

State ex rel. Compton v. Elkhorn Valley Drainage District, 246 N.W. 342, 124 Neb. 305, 1933 Neb. LEXIS 11 (Neb. 1933).

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246 N.W. 342 (State ex rel. Compton v. Elkhorn Valley Drainage District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.