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11 W. Jurist 592 (1877)
Digests of Recent Decisions

handle is hein.journals/westj11 and id is 618 raw text is: DIGESTS OF RECENT DECISIONS. SUPREME COURT OF NEBRASKA.* HON. GEORGE B. LAKE, Chief justice. HON. DANIEL GANTT, Associate HON. SAMUEL MAXWELL, A Henry T. Clark v. Wm. L. Dayton. Error from Buffalo county. Reversed. Opinion by LA1KE, C1. J. 1. Pleading: avermen t of fraud.-An allegation in a petition that a claim presented to the county commissioners for allowance was unjust, and was audited and allowed through fraudulent and undue means , is too general for either the admission of proof, or the entry of a decree establishing fraud against any of the parties to the transaction. 2. County bridges.-Section 16 of the Nebraska Road Law, as construed by the court, 4 Neb., 150, applies to contracts for the erection of bridges as well as to those for the improvement of roads, and prohibits the commissioners from entering into a contract for the expenditure of more than double the amount of money on hand to the credit of the bridge fund. 3. -The general road fund may be ,applied to the erection or reparation of permanent culverts and bridges, but the bridge fund, raised from the five mill levy under soction 15 of the road law, cannot be used for the improvement of roads, but must be devoted exclusively to the objects for which this levy may be made. 4. ,-The contract in this case provides for the pay- ment of the cost of the bridge, in excess of the nine thousand dollars received in county bonds, by warrants drawn on the bridge and road funds. The petition alleges the want of sufficient money in the road fund, but no mention whatever is made of the * Opinions filed August 27, 1877.

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