Legal Opinion

State Ex Rel. Dunkle v. Beard

Nevada Supreme Court

Decided April 5, 1892No. 1350PublishedCited by 7 opinions

Appeal from the District Court of the ¡State of Nevada, Eureka county. A. L. Fitzgerald, District Judge. Application by the State ex rel.

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Appeal from the District Court of the ¡State of Nevada, Eureka county. A. L. Fitzgerald, District Judge. Application by the State ex rel. L. A. Dunkle, as sheriff of Eureka county, for a writ of mandate to compel W. S. Beard, as auditor of said county, to draw a warrant in favor of the relator for three hundred and thirty-three dollars and thirty-three cents, as salary due him for October, 1891. The relator as license collector of said county had collected licenses amounting to two thousand seven hundred and eighty-one dollars and ninety-nine cents, of which he had failed to pay into the…

1Opinion of the Court

By the Court,

Bigelow, J.:

The question involved in this appeal is whether the relator, as sheriff of Eureka county, is entitled to retain the commissions provided for in section 133 of the revenue law of 1891 for the collection of licenses. (Stats. 1891, 182.)

In 1889 (Stats. 1889, 80) the legislature provided that the-sheriff of that county should receive for his services to the county an annual salary of four thousand dollars. Section 2 of the act provides that this salary shall be the only compensation allowed or paid for any and all services and ex-officio• services of every kind and…

2Cases cited3 opinions

  1. Blain v. BaileyIndiana Supreme Court · 1865
  2. Board of Commissioners v. CutlerIndiana Supreme Court · 1855
  3. State Ex Rel. Love v. County CommissionersNevada Supreme Court · 1890

3Cited by7 opinions

  1. State ex rel. Pacific Reclamation Co. v. DuckerNevada Supreme Court · 1912
  2. State Ex Rel. Howell v. LaGraveNevada Supreme Court · 1897
  3. Dotta v. HessonNevada Supreme Court · 1914
  4. State v. Commissioners Washoe Co.Nevada Supreme Court · 1894
  5. Bradley v. Esmeralda CountyNevada Supreme Court · 1909

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