2017 Nebraska Revised Statutes
Chapter 14 - CITIES OF THE METROPOLITAN CLASS
14-810 Actions; failure of city to defend; right of taxpayer; costs.
14-810. Actions; failure of city to defend; right of taxpayer; costs.
If the city shall refuse or neglect to defend any suit at law or in equity brought against it, any resident taxpayer may defend said suit on its behalf at the cost of the city, not including attorney's fees.
Source
- Laws 1921, c. 116, art. VII, § 10, p. 511;
- C.S.1922, § 3718;
- C.S.1929, § 14-810;
- R.S.1943, § 14-810.
Annotations
Resident taxpayer may commence and prosecute to judgment an equitable action for enforcement of a claim on behalf of city which its officers have refused to enforce. Pedersen v. Westroads, Inc., 189 Neb. 236, 202 N.W.2d 198 (1972).
If the city neglects or refuses to defend an action, a resident taxpayer may do so on behalf of the city. Lynch v. City of Omaha, 153 Neb. 147, 43 N.W.2d 589 (1950).
Where duly constituted representatives of city refuse or neglect to defend action, resident taxpayer may defend at cost of city, not including attorney's fees. Ash v. City of Omaha, 152 Neb. 393, 41 N.W.2d 386 (1950).
Where taxpayer with notice fails to appeal, he cannot thereafter bring injunction. Morse v. City of Omaha, 67 Neb. 426, 93 N.W. 734 (1903).
