· 6/28/1957
Niklaus v. Abel Construction Company
Citations
- 83 N.W.2d 904
- 164 Neb. 842
- 1957 Neb. LEXIS 186
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that dismissal of taxpayer’s action on behalf of municipal corporation was required because “[taxpayer’s] participation in the proceedings was not casual but persistent and continuous”
- proceedings in suit by person not entitled to practice are nullity
- although required in this case, the drastic remedy of declaring a suit a nullity may not be required in all cases
- “In a taxpayer’s action potentially all of the taxpayers and citizens are parties.”
- the proceedings before the trial court, in which the appellant sued the appellee on behalf of a municipal corporation and lost, were a nullity since the appellant was not qualified to practice law and therefore could not represent the corporation
Source: CourtListener parenthetical corpus (CC0).
Judges: Boslaugh, Carter, Chappell, Messmore, Simmons, Wenke, Yeager
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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