Legal Opinion · Dissent

State ex rel. Sparks v. State Bank & Trust Co.

Nevada Supreme Court

Decided January 15, 1914No. Nos. 2073 and 2074Published

Appeal from the First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Action by the State, on the relation of John Sparks and others, as the Board of Bank Commissioners, against the State Bank and Trust Company. From an order refusing to set aside an order' fixing the compensation of F. L. Wildes, as receiver of defendant, and from an order allowing him attorney’s fees, plaintiff appeals.

1DissentNorcross, J.

I am unable to concur in the opinion and judgment of my associates in this case.

The prevailing opinion is based on the provisions of the act of the legislature of 1913. Upon the oral argument in this case, the attorney-general specifically disclaimed any authority under that act, and the act is not even referred to in the brief. While I think the attorney-general was clearly correct in his views that the state or the attorney-general derived no rights from the act of 1913, in so far as the orders under consideration are concerned, nevertheless respondent is entitled to be heard upon this…

2Cases cited15 opinions

  1. Windsor v. McVeighSupreme Court of the United States · 1876
  2. State Inv. & Ins. Co. v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
  3. Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
  4. De Forrest v. CoffeyCalifornia Supreme Court · 1908
  5. East Tennessee, Virginia & Georgia Railroad v. Southern Telegraph Co.Supreme Court of the United States · 1884

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