State ex rel. Davenport v. Laughton
Nevada Supreme Court
Application for quo warranto. The facts are sufficiently stated in the opinion. I. Respondent cannot keep tbe office of ex officio state librarian and neglect to give a bond. (Hinze v. People, 92 Ills. 406; Attorney General v. Squires, 14 Cal. 12.) II. The failure of an officer to give a bond, required by statute, creates a vacancy in office which may be filled by appointment. (2 Comp.
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Application for quo warranto. The facts are sufficiently stated in the opinion. I. Respondent cannot keep tbe office of ex officio state librarian and neglect to give a bond. (Hinze v. People, 92 Ills. 406; Attorney General v. Squires, 14 Cal. 12.) II. The failure of an officer to give a bond, required by statute, creates a vacancy in office which may be filled by appointment. (2 Comp. Laws, 2633, 2931; People v. Taylor, 57 Cal. 620; State v. Beard, 34 La-. Ann. 273; State v. Matheney, 7 Kan. 330; State v. Hadley, 27 Ind. 496; Hyde v. State, 52 Miss. 665; Beebe v. Robinson, 52 Ala. 66.) III.…
1Opinion of the Court
By the Court,
Leonard, J. :
This is a proceeding to determine the right of respondent (1) to hold the office of lieutenant-governor; and (2) to hold the office of state librarian. At the general election for state officers in November, 1882, respondent was elected lieutenant-governor. He afterwards qualified according to law, and entered upon the duties of said office on the first Monday in January, 1883. On the seventeenth of February, 1883, an act was passed, to take effect March 2, 1883, which provides, *204among other things, that the lieutenant-governor shall be ex officio state librarian.…
2Cases cited8 opinions
- People v. EdwardsCalifornia Supreme Court · 1858
- People v. LoveCalifornia Supreme Court · 1864
- Denver v. HobartNevada Supreme Court · 1874
- People ex rel. Simmons v. SandersonCalifornia Supreme Court · 1866
- People v. RossCalifornia Supreme Court · 1869
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3Cited by11 opinions
- State ex rel. Josephs v. DouglassNevada Supreme Court · 1910
- Breeden v. NighSupreme Court of Oklahoma · 1968
- State Ex Rel. Howell v. LaGraveNevada Supreme Court · 1897
- People ex rel. Attorney General v. BrownSupreme Court of Colorado · 1897
- Lindsley v. City of DenverSupreme Court of Colorado · 1917
6 more not listed; retrieve them via the Exa API.