§ 23-337 — Illegal contracts; liability of county officers

Nebraska § 23-337

• Jurisdiction: Nebraska
• Ch. 23: County Government and Officers

Text

Any public official or officials who shall audit, allow or pay out, or cause to be paid out, any funds of any county for any article, public improvement, material, service or labor, contrary to the provisions of section 23-336 , shall be liable for the full amount so expended, and the same may be recovered from any such official or the surety upon his official bond by any such county, or any taxpayer thereof.

Legislative History

Source: Laws 1905, c. 55, § 2, p. 301; R.S.1913, § 1105; C.S.1922, § 1039; C.S.1929, § 26-733; R.S.1943, § 23-337. Annotations: County officers were not liable in taxpayer's suit for payment of tax appraisal expert. Speer v. Kratzenstein, 143 Neb. 310, 12 N.W.2d 360 (1943). County board cannot be compelled by mandamus to contract and issue warrants for poor relief after all funds raised by emergency legislation for that purpose have been exhausted, as well as the general fund. State ex rel. Boxberger v. Burns, 132 Neb. 31, 270 N.W. 656 (1937). Prohibition of section does not extend to money paid to precinct assessors for official services. Hiatt v. Tomlinson, 102 Neb. 730, 169 N.W. 270 (1918).