Hostetler v. Harris
Nevada Supreme Court
Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by Levi F. Hostetler against J. C. Harris, Sheriff of Elko County. From a judgment for plaintiff and an order denying his motion for a new trial, defendant appeals. The decision of the lower court should be reversed. The amendatory act of the legislature in question is constitutional. The payments made by respondent were voluntary and cannot be recovered back.
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Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by Levi F. Hostetler against J. C. Harris, Sheriff of Elko County. From a judgment for plaintiff and an order denying his motion for a new trial, defendant appeals. The decision of the lower court should be reversed. The amendatory act of the legislature in question is constitutional. The payments made by respondent were voluntary and cannot be recovered back. “The power of the legislature to impose taxes on persons, property, business, and franchises is unlimited, save only by such restrictions as are…
1Opinion of the Court
By the Court,
Coleman, J.:
Respondent, a citizen and resident of the State of Idaho, brought this action to recover $952 from the defendant, as sheriff of Elko County, Nevada. The sheriff has appealed from a judgment for said amount and from an order denying a motion for a new trial.
Respondent drove into Elko County, Nevada, from Idaho, without having first obtained a license therefor, 1,900 head of sheep, of which he was the owner, for the purpose of grazing them upon uninclosed public lands. Appellant threatened to arrest and prosecute him upon a charge of misdemeanor, unless he made payment…
2Cases cited26 opinions
- Ward v. MarylandSupreme Court of the United States · 1871
- Blake v. McClungSupreme Court of the United States · 1898
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Guy v. BaltimoreSupreme Court of the United States · 1880
- Swift & Co. v. United StatesSupreme Court of the United States · 1884
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3Cited by4 opinions
- Mendiola v. GrahamOregon Supreme Court · 1932
- People v. McPhersonSupreme Court of Colorado · 1925
- Bertagnole v. NicholsonNevada Supreme Court · 1932
- Frame v. HarrisNevada Supreme Court · 1921