Legal Opinion

State ex rel. Kaufman v. Martin

Nevada Supreme Court

Decided January 15, 1910No. 1846Published

Original proceeding. Mandamus by the State, on the relation of J. G-. Kaufman and others, against C. T. Martin and others, constituting the Board of County Commissioners of Lyon County. I. In the present case we might say "the proposition, therefore, must go to this extent: That the county commissioners are clothed with absolute and despotic authority over the rights of the petitioners.

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Original proceeding. Mandamus by the State, on the relation of J. G-. Kaufman and others, against C. T. Martin and others, constituting the Board of County Commissioners of Lyon County. I. In the present case we might say "the proposition, therefore, must go to this extent: That the county commissioners are clothed with absolute and despotic authority over the rights of the petitioners. If the determination of the county commissioners be not final, then the writ must issue; for under the law the failure to act on the petition brings the proceeding to a complete stop, and there is no n other…

1Opinion

ON Rehearing

Pjsb Cvbiam:

In an able and extended petition for rehearing, it is urged that the court is in effect giving a meaning to the statute contrary to the words it contains. We are unable to agree Avith this contention and still feel satisfied with our former construction of the section in question for the two reasons: That AAre believe that the construction we have given it is the most natural and grammatical one, and if this were not so, and different meanings could be reasonably given it, still that one should be applied which Avould make effective and not nullify the statute as held…

2Cases cited6 opinions

  1. In Re BonnerSupreme Court of the United States · 1894
  2. Whitaker v. DillardTexas Supreme Court · 1891
  3. Rickey v. WilliamsWashington Supreme Court · 1894
  4. Rector v. McCarthySupreme Court of Arkansas · 1896
  5. Benton v. NasonSupreme Court of Kansas · 1881

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