Legal Opinion

State v. Yellow Jacket Silver Mining Co.

Nevada Supreme Court

Decided April 15, 1879No. 929PublishedCited by 30 opinions

Appeal from the District Court of the First Judicial District, Storey county. The facts appear in the opinion. I. The action is properly brought in the name of the state. (2 C. L. Nev. 3261, 3231, 3232; State ex rét. Drakev. Hobart, 12 Nev. 408, 411; State v. Yelloiv J. S. M. Co., 5 Nev. 416.) II. The complaint does not improperly unite several and distinct causes of action.

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Appeal from the District Court of the First Judicial District, Storey county. The facts appear in the opinion. I. The action is properly brought in the name of the state. (2 C. L. Nev. 3261, 3231, 3232; State ex rét. Drakev. Hobart, 12 Nev. 408, 411; State v. Yelloiv J. S. M. Co., 5 Nev. 416.) II. The complaint does not improperly unite several and distinct causes of action. The several demands stated in the complaint constitute but one cause of action, and may be united in one complaint. The civil practice act is not applicable to tax suits (2 C. L. 3160; 1 Id. 1667); or if applicable, it is…

1Opinion of the Court

By the Court,

LEONARD, J.:

This action was commenced on the fourteenth day of January, 1878, to recover certain taxes (including penalties for non-payment as required by law) upon the proceeds of respondent’s mine, alleged to be due and delinquent for twenty-one quarter years, the first quarter commencing July 1, 1867, and the twentieth, July 1, 1872, while the twenty-first quarter commenced October 1,1875, aud ended December 31, 1875.

The complaint contains twenty-one counts, each being called a cause of action, and in each count all the facts required by the statutory form of complaint in tax…

2Cases cited30 opinions

  1. Lane County v. OregonSupreme Court of the United States · 1869
  2. MEREDITH v. United StatesSupreme Court of the United States · 1839
  3. McCormick v. BrownCalifornia Supreme Court · 1868
  4. District Township of Dubuque v. City of DubuqueSupreme Court of Iowa · 1858
  5. City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874

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3Cited by30 opinions

  1. County of Redwood v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1889
  2. City of Bristow Ex Rel. Hedges v. GroomSupreme Court of Oklahoma · 1944
  3. City of Boston v. TurnerMassachusetts Supreme Judicial Court · 1909
  4. State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
  5. City of San Diego v. HigginsCalifornia Supreme Court · 1896

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