Before any claim against a city of the metropolitan class, except officers' salaries earned within twelve months or interest on the public debt is allowed, the claimant or the claimant's agent or attorney shall verify such claim by affidavit, stating that the several items mentioned in such affidavit are just and true and the services charged or articles furnished, as the case may be, were rendered or furnished as charged in such affidavit, and that the amount charged and claimed in such affidavit is due and unpaid, allowing all just credits. The city comptroller and the comptroller's deputy shall have authority to administer oaths and affirmations in all matters required by this section. All claims against the city must be filed with the city clerk. When the claim of any person against the city is disallowed, in whole or in part, by the city council, such person may appeal from the decision of such city council to the district court of the same county, as provided in section 14-813.
Notes of Decisions
Hawkins v. City of Omaha, 627 N.W.2d 118 (Neb. 2001).
· cites it 9× “On August 29, 1994, plaintiffs filed a claim with the city comptroller for underpayment of wages pursuant to Neb. Rev. Stat. § 14-804 (Reissue 1997). Section 14-804 provides: Before any claim against the city .”
Calabro v. City of Omaha, 531 N.W.2d 541 (Neb. 1995).
· cites it 8× “• (b) Notice of Claim The city also contends that the plaintiffs’ action should be dismissed for lack of jurisdiction because the plaintiffs failed to file a notice of claim as required by Neb. Rev. Stat. § 14-804 (Reissue 1991). It is uncontradicted that the plaintiffs did not…”
Bolan v. Boyle, 387 N.W.2d 690 (Neb. 1986).
· cites it 15× “The district court found that plaintiffs had failed to either allege in the petition or submit any evidence to show that they had first filed their claim with the city comptroller, as required by Neb. Rev. Stat. § 14-804 (Reissue 1983), as a prerequisite to seeking *827 judicial…”
McNally v. City of Omaha, 731 N.W.2d 573 (Neb. 2007).
· cites it 4× “Section 14-813 describes the mode of appeal for claims against the city that are described by Neb. Rev. Stat. § 14-804 (Reissue 1997). Claims under § 14-804 are claims filed with the city comptroller seeking monetary compensation.”
Thompson v. City of Omaha, 455 N.W.2d 538 (Neb. 1990).
· cites it 9× “On September 10, 1984, the employees filed a claim seeking payment for overtime wages, earned but uncompensated, with the city comptroller in accordance with Neb. Rev. Stat. § 14-804 (Reissue 1987). Although it is not explicitly stated in *348 the record, the pleadings, the…”
Coffelt v. City of Omaha, 388 N.W.2d 467 (Neb. 1986).
· cites it 6× “The second cause of action set out Coffelt’s claim based on “breach of contract”; that is, the city, by action of the board, had failed in its duty to pay disability benefits to Coffelt as required by the retirement system for policemen. Coffelt did not allege, and evidence at…”
Andrews v. City of Lincoln, 401 N.W.2d 467 (Neb. 1987).
· cites it 4× “Referring to Neb. Rev. Stat. § 14-804 *751 (Reissue 1983) and Bolan, supra, we reasoned: Litigants cannot confer subject matter jurisdiction on a judicial tribunal by either acquiescence or consent.”
Schmitt v. City of Omaha, 217 N.W.2d 86 (Neb. 1974).
· cites it 10× “This section, so far as material herein, reads: “Before any claim against the city, except officers’ salaries earned within twelve months or interest on the public debt is allowed, the claimant or his agent or attorney, shall verify the same by his affidavit, stating that the…”
Halbleib v. City of Omaha, 388 N.W.2d 60 (Neb. 1986).
· cites it 6× “The city, in each case, filed a special demurrer or a summary judgment on the ground that appellants did not comply with the claims statute, Neb. Rev. Stat. § 14-804 (Reissue 1983). In each case a district judge found for the city and dismissed appellants’ action after finding…”
EIKMEIER v. City of Omaha, 783 N.W.2d 795 (Neb. 2010).
· cites it 2× “52 in attorney fees, and Eckerman sought $10,906.79 in compensation and $3,635.”
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