Legal Opinion

State ex rel. Hess v. County Commissioners

Nevada Supreme Court

Decided April 15, 1870PublishedCited by 28 opinions

Appeal from tbe District Court of tbe Third Judicial District, Washoe County. This was a certiorari issued out of the Third District Court on the petition of Lewis Hess and II. H. Beck, against the board of county commissioners of Washoe County, consisting of M. J. Smith, W. R. Chamberlain, and Gr. W. Brown. A petition had been presented praying a removal of the county seat of Washoe County, from Washoe City to Reno, and an election was ordered as stated in the opinion.

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Appeal from tbe District Court of tbe Third Judicial District, Washoe County. This was a certiorari issued out of the Third District Court on the petition of Lewis Hess and II. H. Beck, against the board of county commissioners of Washoe County, consisting of M. J. Smith, W. R. Chamberlain, and Gr. W. Brown. A petition had been presented praying a removal of the county seat of Washoe County, from Washoe City to Reno, and an election was ordered as stated in the opinion. The Court below, after hearing the cause, dismissed the writ; and relators appealed. I. In cases of certiorari, the Court is…

1Opinion of the Court

By the Court,

WHITMAN, J.:

This is an appeal from the judgment of the Third District Court dismissing a writ of certiorari, in the matter of the ordering a special election by the board of commissioners of Washoe County to decide the question of removal of the county seat of said county. Although the judgment of dismissal was perhaps not strictly regular, still it practically amounted to a judgment of affirmance of the ¿ction of the county commissioners, and so will be considered.

The numerous objections made to such action will not be reviewed in detail, as the one upon which this decision will…

2Cited by28 opinions

  1. Cirac v. Lander CountyNevada Supreme Court · 1979
  2. RTTC Communications, LLC v. Saratoga Flier, Inc.Nevada Supreme Court · 2005
  3. Tarango v. State Industrial Insurance SystemNevada Supreme Court · 2001
  4. Ex parte SMITHNevada Supreme Court · 1910
  5. Ex parte RickeyNevada Supreme Court · 1909

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