State ex rel. Keyser & Elrod v. Hallock
Nevada Supreme Court
Application for mandamus. Tlie facts appear in the opinion. I. The act approved March 17, 1879, is constitutional. (Secs. 1, 3, Art. XIII; Sec. 2, Art. XVII., of Con.; Devlin v. Coleman, SO N. Y. 531; Exline v. Smith, 5 Cal. 112.) II. The constitution must be so construed as to give effect to all of its provisions. (State v. Scott, 9 Ark. (4 Eng.) 277, 282; Slate v. Dayton T. R. Co., 10 Nev. 160.) III. The contemplated asylum is an institution required by the public good.
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Application for mandamus. Tlie facts appear in the opinion. I. The act approved March 17, 1879, is constitutional. (Secs. 1, 3, Art. XIII; Sec. 2, Art. XVII., of Con.; Devlin v. Coleman, SO N. Y. 531; Exline v. Smith, 5 Cal. 112.) II. The constitution must be so construed as to give effect to all of its provisions. (State v. Scott, 9 Ark. (4 Eng.) 277, 282; Slate v. Dayton T. R. Co., 10 Nev. 160.) III. The contemplated asylum is an institution required by the public good. The legislative dictum upon that subject shuts out all debate. The court must look to the words of the instrument, and say…
1Opinion of the Court
By the Court,
Beatty, C. J.:
This is a petition for a writ of mandamus to compel the respondent, who is state controller, to draw his warrant in favor of the petitioners for the amount of a duly allowed claim on the fund created by an act of the last legislature, approved March 17, 1879, and entitled “an act' to establish and maintain a state asylum for the indigent poor and maimed of this State.”
The case has been submitted upon demurrer to the petition and upon a stipulation as to the facts which present but one question for decision, and that is as to the constitutionality of the act referred…
2Cases cited1 opinion
- Brundage v. BrundageNew York Court of Appeals · 1875
3Cited by26 opinions
- Galloway v. TruesdellNevada Supreme Court · 1967
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- State v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1914
- State ex rel. Law v. BlendIndiana Supreme Court · 1890
- Schwartz v. PeopleSupreme Court of Colorado · 1909
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