State v. Washoe Co. Commrs.

January 7, 1896, the defendant, by an order duly entered on its minutes, employed Torreyson Summerfield, attorneys, to assist the district attorney in certain tax litigation in which the county was interested, and agreed to pay them therefor the sum of $1,000. The relators, as taxpayers of said county, have applied to this court for a writ of certiorari to annul and set aside that order and agreement, on the ground that the board had no authority to make it.

The first question that arises is upon the respondent's objection that in making the order the board did not exercise judicial functions.…