2017 Nebraska Revised Statutes
Chapter 23 - COUNTY GOVERNMENT AND OFFICERS
23-138 Claims; reconsideration.

Universal Citation: NE Code § 23-138 (2017)

23-138. Claims; reconsideration.

The provisions of sections 23-135 to 23-137 shall not be so construed as to prevent the county board from once reconsidering their action on any claim, upon due notice to parties interested.

Source

  • Laws 1879, § 40, p. 366;
  • R.S.1913, § 968;
  • C.S.1922, § 868;
  • C.S.1929, § 26-122;
  • R.S.1943, § 23-138.

Annotations

  • A county board may reconsider once its action on the allowance of a claim, upon due notice to interested parties. State ex rel. Allen v. Miller, 138 Neb. 747, 295 N.W. 279 (1940).

  • Order of board establishing a ditch is not a judicial act and may be reconsidered where no rights have accrued thereunder. State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908).

  • Order of disallowance, reconsidered, is not an adjudication of claim. Dean v. Saunders County, 55 Neb. 759, 76 N.W. 450 (1898).

  • Board may reconsider claim once on notice. Appearance of attorney is a waiver of notice. State ex rel. Marquett, Deweese & Hall v. Baushausen, 49 Neb. 558, 68 N.W. 950 (1896).

  • Board cannot review or reverse the act of a prior board. Stenberg v. State ex rel. Keller, 48 Neb. 299, 67 N.W. 190 (1896).

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