State Ex Rel. O'Meara v. Ross
Nevada Supreme Court
I. Section two of the act of 1887 does not apply to any member of the Emmett Guard except Rourke. All the others became members before the approval of the act, and the section in plain terms only requires persons on becoming members to take the oath. II. Section two does not impose any punishment or penalty for failure to take the oath, and the legislature did not intend any punishment, as they did not fix any. (Sedg. Const. Law, 287; Maxwell v. State, ex rel.
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I. Section two of the act of 1887 does not apply to any member of the Emmett Guard except Rourke. All the others became members before the approval of the act, and the section in plain terms only requires persons on becoming members to take the oath. II. Section two does not impose any punishment or penalty for failure to take the oath, and the legislature did not intend any punishment, as they did not fix any. (Sedg. Const. Law, 287; Maxwell v. State, ex rel. Baldwin,. 40 Md. 294; Potter’s Dwarris, 247; Gom. v. Howes, 15 Pick. 233; Updegraff v. Gom. 6 Serg. & Raw. 6; Wiggin v. Peters, 1 Met.…
1Opinion of the Court
By the Court,
Belknap, J.:
The board of county commissioners of Storey county allowed a bill of the Emmett Guard for rent of an armory for the month of March, 1887, under section 22 of the military law, which makes it the duty of the board of county commissioners of any county, in which public arms, accoutrements, or military stores are received for the use of any volunteer organized military company, to provide an armory for such company. (Gen. Stat. 646.) Bills of this nature are paid out of the general fund of the county, upon the presentation of the county auditor’s certificate to the…
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