Omaha daily bee., 1897-03-07
| MAY SET UP ANY
important Decision in Certain Cases
rough Against the County.

Important Decision in Certain Cases
Brought Against the County.
A legal point of great importance to the
taxpayers Of Douglas county was passed
upon by Judge Dickinson yesterday, be-
ing a ruling in favor of the defense under
the statute of limitations urged by the
county against the payment OF the claims
now pending against the county on account
Of money paid on the purchase price OF lots
in Douglas addition.
The case at bar was that OF Henry
Abrahams. and Henry Spigle against the
county of Douglas, the plaintiffs seeking to
| recover from the county 81, 800, alleged TO
| have been paid to the county as part pay
| ment on four lots in Douglas addition ana
which were bought by the plaintiffs. Ihey
| alleged that they purchased the lots May
6, 1887, paying Sl,Soo IN eash ana sltins
| their Joint notes for the balance, amounting
to SO, 1867. No further payments were
made and foreclosure proceedings were com
menced against them. They alleged that
they discovered the irregularity In the sale
of the lots and decided the lots back to the
| county. claiming to have understood that
their notes and money were to be returned
to them.
In this case the county set up the defense
that the statute of limitations would apply
to the money and that the claim was out
lawed, The plaintiffs moved to strike out
this norton of the answer of the county and
it was upon this motion that the ruling was
made. The sustaining of the motion meant
the removal of the only defense on whlch the
county stood. In the argument 1t was urged
that this defense had not been made in the
proceedings before the Board OF County Com
| missioners and it was alleged that the county
was debarred from raising any point which
had not been made in the proceedings before
the board.
AGGREGATE OF THE CLAIMS.
In passing upon the motion Judge Dickin-
son held that the members of the Board OF
County Commissioners acted simply as a
b )ard of auditors in passing upon claims ana
that the claimants might appeal from their
decision IL it was unfavorable to them, or any
taxpayer might appeal to the courts us
against the allowance Of a claim, but that
the issues were not properly made up unll
the district court was reached and that the
county might then set up any defense, 1e-
gardless of what might be done by the board,
The ruling upon this point has an impor-
tant bearing upon the claims now pending
before. the county board for the return OF
Douglas addition. These claims aggregate
about 1925 coo and represent those purchas-
ers who did not bring suits in the district
court against the county to recover the
money paid In by them, The county has de-
termined to urge the statute of limitations
as a defense against the payment of these
claims, on the theory that 1t is the duty OF
the commissioners to take advantage OF every
possible defense allowed them under the law.
Propositions for settlement OF the claims
have been made to w. d, Beckett. the spe-
cial attorney engaged by the county to de-
fend these cases, but these propositions have
been rather indefinite, most of the claim
ants being inclined to take the position that
the defense of the statute Of limitations
would not hold good in court. The ruling OF
Judge. Dickinson, in the opinion of Mr..
Beckett, will have the effect of inducing
these CLAIM ants to agree to a compromise
L which will he TO the interest of the tax
payers of the county, and will save ali
hands the expense of lawsuits. 1t also es-
tablishes the right of the county to urge
this defense In these cases and increases the
probability of the county being successful in
It's defense in the suits which may be
brought on these claims.
Improper and deficient care Of the scalp
Will cause grayness Of the hair and bald
ness. Escape both by the use of that re-
L llahla aneclhc HILLS Halr Remover.