Legal Opinion

Ex Parte Wonacott

Nevada Supreme Court

Decided July 5, 1903No. 1645PublishedCited by 4 opinions

Mandamus by Chas. Wonacott against Peter Rice and others to compel respondents, as Commissioners of Nye County, to provide proper rooms for the District Court. I. If the section involved in this case can be so construed as to sustain the act without doing violence to the language, that construction must be adopted.

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Mandamus by Chas. Wonacott against Peter Rice and others to compel respondents, as Commissioners of Nye County, to provide proper rooms for the District Court. I. If the section involved in this case can be so construed as to sustain the act without doing violence to the language, that construction must be adopted. The evident object of the framers of the constitution in adopting sections 20 and 21 of article IV was to secure general laws whenever they could be appropriately adopted. It follows that the legislature would not be called upon to pass a law for the holding of sittings of the…

1Opinion of the Court

By the Court, Talbot, .1,:

Petitioner applies for a writ of mandate requiring respondents, as commissioners of Nye county, to carry out the provisions of an act passed by our last legislature (Btats. 1903, p. 198, c. 104) which directs that sittings of the district court shall be held at the town of Tonopah whenever the people of that portion of the county lying nearer or more conveniently situated to that town than to Belmont, the county seat, shall be accommodated thereby, or when such sittings, in the opinion of the district judge, shall be more economical to the litigants. We quote:

"Sec.…

2Cases cited2 opinions

  1. Ex Parte GardnerNevada Supreme Court · 1895
  2. State v. RobertsNevada Supreme Court · 1873

3Cited by4 opinions

  1. Atchison, T. & S. F. Ry. Co. v. LongSupreme Court of Oklahoma · 1926
  2. Miller v. AshurstNevada Supreme Court · 1970
  3. Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1931
  4. Gamble v. First Judicial District CourtNevada Supreme Court · 1903

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