Nebraska § 23-138 Claims; reconsideration

Nebraska Statutes

§ 23-138 — Claims; reconsideration

Nebraska § 23-138

Ch. 23County Government and Officers

This text of Nebraska § 23-138 (Claims; reconsideration) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 23-138 (2026).

Text

The provisions of sections  23-135  to  23-137  shall not be so construed as to prevent the county board from once reconsidering their action on any claim, upon due notice to parties interested.

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

Legislative History

Source: Laws 1879, § 40, p. 366; R.S.1913, § 968; C.S.1922, § 868; C.S.1929, § 26-122; R.S.1943, § 23-138. Annotations: A county board may reconsider once its action on the allowance of a claim, upon due notice to interested parties. State ex rel. Allen v. Miller, 138 Neb. 747, 295 N.W. 279 (1940). Order of board establishing a ditch is not a judicial act and may be reconsidered where no rights have accrued thereunder. State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908). Order of disallowance, reconsidered, is not an adjudication of claim. Dean v. Saunders County, 55 Neb. 759, 76 N.W. 450 (1898). Board may reconsider claim once on notice. Appearance of attorney is a waiver of notice. State ex rel. Marquett, Deweese & Hall v. Baushausen, 49 Neb. 558, 68 N.W. 950 (1896). Board cannot review or reverse the act of a prior board. Stenberg v. State ex rel. Keller, 48 Neb. 299, 67 N.W. 190 (1896).