§ 14-810 — Actions; failure of city to defend; right of taxpayer; costs

Nebraska § 14-810

• Jurisdiction: Nebraska
• Ch. 14: Cities of the Metropolitan Class

Text

If a city of the metropolitan class shall refuse or neglect to defend any suit at law or in equity brought against such city, any resident taxpayer may defend such suit on behalf of such city at the cost of the city, not including attorney's fees.

Legislative History

Source: Laws 1921, c. 116, art. VII, § 10, p. 511; C.S.1922, § 3718; C.S.1929, § 14-810; R.S.1943, § 14-810; Laws 2022, LB800, § 231. Annotations: Resident taxpayer may commence and prosecute to judgment an equitable action for enforcement of a claim on behalf of city which its officers have refused to enforce. Pedersen v. Westroads, Inc., 189 Neb. 236, 202 N.W.2d 198 (1972). If the city neglects or refuses to defend an action, a resident taxpayer may do so on behalf of the city. Lynch v. City of Omaha, 153 Neb. 147, 43 N.W.2d 589 (1950). Where duly constituted representatives of city refuse or neglect to defend action, resident taxpayer may defend at cost of city, not including attorney's fees. Ash v. City of Omaha, 152 Neb. 393, 41 N.W.2d 386 (1950). Where taxpayer with notice fails to appeal, he cannot thereafter bring injunction. Morse v. City of Omaha, 67 Neb. 426, 93 N.W. 734 (1903).