State Ex Rel. Summerfield v. Clarke
Nevada Supreme Court
Appeal from the District Court of the State of . Nevada, Ormsby county. Richard Rising, District Judge. The facts are stated in the opinion, I. Appellant is not an officer within the meaning of the constitutional provision. The position of notary public is not a civil office. The constitution was intended to prevent the holding of inconsistent offices, the duties of which are incompatible. The duties of notary public and receiver of public money are not incompatible. II.
Read the full summary
Appeal from the District Court of the State of . Nevada, Ormsby county. Richard Rising, District Judge. The facts are stated in the opinion, I. Appellant is not an officer within the meaning of the constitutional provision. The position of notary public is not a civil office. The constitution was intended to prevent the holding of inconsistent offices, the duties of which are incompatible. The duties of notary public and receiver of public money are not incompatible. II. The position of notary public is not within the letter of' the constitutional inhibition. It is not a civil office within…
1Opinion of the Court
By the Court,
Biselow, J.:
While the appellant was legally exercising the office of notary public in this state, he was appointed receiver of public money in the United States land office at Carson City. The court below held that those two offices were incompatible, under the provisions of section 9 of article 4 of the constitution of Nevada, which reads as follows: “No person holding any lucrative office under the government of the United States or any other power, shall be eligible to any civil office of profit under this state; provided, that postmasters whose compensation does not exceed…
2Cases cited12 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Shelby v. AlcornMississippi Supreme Court · 1858
- State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
- State ex rel. Nourse v. ClarkeNevada Supreme Court · 1867
- State ex rel. Perry v. ArringtonNevada Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- State ex rel. Trent v. SimsWest Virginia Supreme Court · 1953
- Ex parte SMITHNevada Supreme Court · 1910
- State ex rel. Josephs v. DouglassNevada Supreme Court · 1910
- State ex rel. Kendall v. ColeNevada Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.