46-1,105 Bonds; judicial approval; parties; motions and answers; rules applicable. - Nebraska Statutes

46-1,105. Bonds; judicial approval; parties; motions and answers; rules applicable.Any person interested in the district, or in the issue or sale of the bonds, may move to dismiss the petition or answer thereto. The provisions of the code of civil procedure respecting motions and answer to a complaint shall be applicable to motions and answer to the petition. The persons so filing motion and answering the petition shall be the defendants to the special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceeding, be taken as true; and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the code of civil procedure which are not inconsistent with the provisions of sections 46-101 to 46-1,111 are applicable to the special proceeding herein provided for. SourceLaws 1895, c. 70, § 62, p. 303; R.S.1913, § 3518; C.S.1922, § 2918; C.S.1929, § 46-163; R.S.1943, § 46-1,105.