Legal Opinion

State ex rel. Corey v. Curtis

Nevada Supreme Court

Decided July 15, 1874PublishedCited by 10 opinions

. This was an application to tbe Supreme Court for a writ of mandamus to remove tbe respondent from tbe office of superintendent of tbe Opbir Silver Mining Company. Tbe petition of tbe relator set forth fully tbe facts upon wbicb be relied. An alternative writ was issued, requiring tbe respondent to sbow cause wby be should not be removed and surrender up tbe office of superintendent.

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. This was an application to tbe Supreme Court for a writ of mandamus to remove tbe respondent from tbe office of superintendent of tbe Opbir Silver Mining Company. Tbe petition of tbe relator set forth fully tbe facts upon wbicb be relied. An alternative writ was issued, requiring tbe respondent to sbow cause wby be should not be removed and surrender up tbe office of superintendent. On July 17, 1874, tbe return day of tbe writ, respondent appeared and filed an answer, alleging tbat tbe proceedings, claimed by tbe relator to constitute a removal of tbe respondent and an election of tbe…

1Opinion of the Court

By the Court,

Hawley, J. :

The board of trustees of the Ophir Silver Mining Company consists of seven members. At a meeting held on the 29th day of June, 1874, there were present six trustees, viz. : Lissak, Locan, Hassey, Baldwin, Grayson and Hall. On motion, a vote was taken to elect a trustee to fill a vacancy occasioned by the resignation of trustee Peart. This vote resulted in a tie; trustees Lissak, Locan and Hassey voting for W. S. Lyle; trustees Baldwin, Grayson and Hall for J. S. Wall; whereupon trustee Lissak, president of the board, having voted as a trustee, claimed the right to…

2Cases cited5 opinions

  1. Brown v. O'ConnellSupreme Court of Connecticut · 1870
  2. Gashwiler v. WillisCalifornia Supreme Court · 1867
  3. Evans v. JobNevada Supreme Court · 1873
  4. Desimone v. StateNevada Supreme Court · 2000
  5. Lathrop v. MillsCalifornia Supreme Court · 1861

3Cited by10 opinions

  1. Walcott v. WellsNevada Supreme Court · 1890
  2. National Bank of Washington v. McCrillisWashington Supreme Court · 1942
  3. People Ex Rel. Barrett v. FinneganIllinois Supreme Court · 1941
  4. Waterman v. Chicago & Iowa RailroadIllinois Supreme Court · 1892
  5. Olincy v. Merle Norman Cosmetics, Inc.California Court of Appeal · 1962

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