Virginia & Truckee Railroad v. County Commissioners
Nevada Supreme Court
This was an original application in the Supreme Court for a peremptory writ of mandamus against W. Buncher, W. Byron and J. F. Roney, County Commissioners of Lyon County. The facts are stated in the opinion. I. The terms of the statute have been complied with literally as well as substantially, unless they require the road to pass a line drawn west from Trench’s- mill and cross that line within twelve hundred feet of the mill.
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This was an original application in the Supreme Court for a peremptory writ of mandamus against W. Buncher, W. Byron and J. F. Roney, County Commissioners of Lyon County. The facts are stated in the opinion. I. The terms of the statute have been complied with literally as well as substantially, unless they require the road to pass a line drawn west from Trench’s- mill and cross that line within twelve hundred feet of the mill. Such a construction cannot be indulged, because the language of the statute is not clear on this point, even if it can be said to have any meaning at all. It is so…
1Opinion of the Court
By the Court,
WHITMAN, J.:
The Legislature of this State in 1869 passed a certain statute, in which, among other things, it is provided that “ whenever, within eighteen months from the passage of this Act,.the Virginia and Truckee Railroad Company, a corporation existing under the laws of this State, shall have completed the construction of a first class iron raiboad from some point within the limits of the city of Virginia to the city of Carson, on the line of a railroad between said cities, which line shall pass a point not more than twelve hundred feet west of Trench’s mill, in Silver City,…
2Cases cited4 opinions
- City of Aurora v. WestIndiana Supreme Court · 1864
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
- Parker v. ThomasIndiana Supreme Court · 1862
- Buffalo, Corning & New York Rail Road v. PottleNew York Supreme Court · 1856
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- Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
- Odd Fellows Savings & Commercial Bank v. QuillenNevada Supreme Court · 1876
- Hunt v. UptonWashington Supreme Court · 1906
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