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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.