Legal Opinion · Concurrence

Milliken v. Sloat

Nevada Supreme Court

Decided July 1, 1865PublishedCited by 9 opinions

Appeal from the District Court of the First Judicial District, State of Nevada, Storey County, Hon. Riohabd Bising presiding. The Court had no power to render a judgment for gold coin as decided by this Court in Maynard v. Newman and Burling v. Goodman. Tbe Act of Congress being supreme, the State law, which, is in direct conflict, must- be null and void. (Const.

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Appeal from the District Court of the First Judicial District, State of Nevada, Storey County, Hon. Riohabd Bising presiding. The Court had no power to render a judgment for gold coin as decided by this Court in Maynard v. Newman and Burling v. Goodman. Tbe Act of Congress being supreme, the State law, which, is in direct conflict, must- be null and void. (Const. United States, 2d clause of Art. VI.) This case must be governed by the decisions of this Court above referred to. "When Congress has acted on a certain subject within the scope of their authority, a State Legislature cannot…

1Concurrence

*576The original opinion was delivered by

Justice BeosNAN, Justice Beatty

concurring.

The opinion of the rehearing was delivered by Justice Beatty, Justice BeosNAN concurring.

The Chief Justice dissented from both opinions.

Opinion by BbosNAN, J., Beatty, J., concurring, Lewis, C. J., dissenting.

On the 15th day of April, 1864, the appellant executed and delivered to one Rinne his promissory note, payable in gold coin on the 15th day of October following. This note was assigned to the respondents, the plaintiffs below. On the 30th day of January, 1865, more than three months after maturity of the note,…

2Cases cited1 opinion

  1. Palmer v. Conly & JohnsonNew York Supreme Court · 1847

3Cited by9 opinions

  1. Sandpointe Apartments, LLC v. Eighth Judicial District Court of the State of Nevada ex rel. County of ClarkNevada Supreme Court · 2013
  2. Prescott v. United StatesDistrict Court, D. Nevada · 1981
  3. Virden v. SmithNevada Supreme Court · 1922
  4. State Ex Rel. Progress v. First Judicial District CourtNevada Supreme Court · 1931
  5. Harrison v. RiceNevada Supreme Court · 1973

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