31-368 Assessments; irregularities; effect; injunction, when allowed. - Nebraska Statutes

31-368. Assessments; irregularities; effect; injunction, when allowed.The collection of assessments to be levied to pay for the location, construction, maintenance or repair of any ditch, levee, dike or watercourse, shall not be enjoined or declared void, nor shall such assessment be set aside in consequence of any error, omission, or irregularity committed or appearing in any of the proceedings provided for in sections 31-301 to 31-369. No injunction shall be allowed restraining the collection of any assessment until the party complaining shall first pay to the county treasurer the amount of his assessment, which amount so paid may be recovered from the district in an action brought for that purpose in case the injunction is made perpetual. SourceLaws 1905, c. 161, § 36, p. 635; R.S.1913, § 1863; C.S.1922, § 1810; C.S.1929, § 31-467; R.S.1943, § 31-368.AnnotationsBefore injunction can be allowed, party complaining is required to first pay to county treasurer amount of assessment. Richardson County v. Drainage District No. 1 of Richardson County, 113 Neb. 662, 204 N.W. 376 (1925).Constitutionality raised but not determined; even if void, invalidity would not render entire act void. Drainage District No. 1 of Pawnee County v. Chicago, B. & Q. R. Co., 96 Neb. 1, 146 N.W. 1055 (1914).