88 Neb. 141 | Neb. | 1910
The plaintiff alleged in Ms petition in the district court that Holt county was proceeding under the act of 1903 for the collection of delinquent taxes, commonly called the “Scavenger Act,” and in those proceedings the county board, pursuant to the statute, duly designated the “O’Neill Frontier,” a newspaper then owned and published by the plaintiff, as the paper in which the delinquent tax list should be published, and that the treasurer of the county wilfully refused to furnish the plaintiff with the copy of the list for publication, but did furnish it to a rival paper in which it was published. The plain
The plaintiff does not set out at large the facts from ‘which the damages which he claims should be estimated, but no objection is made to the petition in the briefs upon this ground, and we are therefore assuming that the allegations are sufficient to show that the plaintiff has suffered at least some damages. The contention of the defendants is that the plaintiff has shown no such interest in this publication as would entitle him to maintain this action; that his interest is too remote and contingent to be the basis of a right of which the law takes cognizance; that this act was not passed to enable Mr. Cronin to receive benefits from his paper; “that was no part of the design of the legislature.” It is said in the brief that the action of the county board designating the plaintiff’s paper is not in any sense a contract; that the contract is made by the treasurer, and not by the county board; and that where there is no contract there can be no breach, and, as Cronin was under no obligation to publish the tax list, there was no obligation on the part of the treasurer to furnish him with the list, since in order- that there shall be a binding contract there must be a mutual obligation.
The defendants have furnished us with an interesting-brief in which they cite upon this proposition Smith v Yoram, 37 Ia. 89; Iowa News Co. v. Harris, 62 Ia. 501, and Strong v. Campbell, 11 Barb. (N. Y.) 135. Smith v. Yoram, supra, was a proceeding by certiorari to corred the proceedings of the board of supervisors of Jones county in the matter of selecting a newspaper in which the laws and proceedings of the board should be published. In the opinion, quoting from a former decision
The judgment of the district court is reversed and the cause remanded.
Reversed.