Legal Opinion

State Ex Rel. Keith v. Westerfield

Nevada Supreme Court

Decided April 5, 1897No. 1501PublishedCited by 18 opinions

Original proceeding. Application by the State, on the relation of Florence M. Kieth, for a writ of mandamus to compel W. J. Westerfield, State Treasurer, to pay a warrant in relator’s favor, drawn by the State Controller. The facts sufficiently appear in the opinion. I. The primary object of our constitution in regard to education is to provide an education for all the children of the state. It excludes no class.

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Original proceeding. Application by the State, on the relation of Florence M. Kieth, for a writ of mandamus to compel W. J. Westerfield, State Treasurer, to pay a warrant in relator’s favor, drawn by the State Controller. The facts sufficiently appear in the opinion. I. The primary object of our constitution in regard to education is to provide an education for all the children of the state. It excludes no class. The very foundation of our system of government is the equal treatment of all. II. The children may be divided into classes, as for age, sex, color or other conditions. No class can…

1Opinion of the Court

By the Court,

Bonnieield, J.:

The relator brings this action to compel, by writ of mandamus, the respondent, as state treasurer, to pay a certain warrant drawn in her favor by the state controller fo„r the sum of $45 in payment of her salary for the month of April last, as assistant teacher at the state orphans’ home. The warrant was drawn on, or made payable out of, the general school fund, pursuant to the terms of the act making an appropriation for the payment of the salaries of the teachers at said home, passed at the last session of the legislature. (Stats. 1897, 82.)

The question of the…

2Cases cited4 opinions

  1. Evans v. JobNevada Supreme Court · 1873
  2. State v. EastabrookNevada Supreme Court · 1867
  3. State ex rel. Greenbaum v. RhoadesNevada Supreme Court · 1868
  4. State ex rel. Wright v. DoveyNevada Supreme Court · 1887

3Cited by18 opinions

  1. State ex rel. Davis v. EggersNevada Supreme Court · 1907
  2. Spears v. SpearsNevada Supreme Court · 1979
  3. Dunphy v. SheehanNevada Supreme Court · 1976
  4. Binegar v. Eighth Judicial District CourtNevada Supreme Court · 1996
  5. Miller v. ChildersSupreme Court of Oklahoma · 1924

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