State ex rel. Drury v. Hallock
Nevada Supreme Court
Application for mandamus.' The facts are stated in the opinion. I. The act under which respondent seeks to justify is unconstitutional. It purports to amend something which did not exist. It involves the same principle as an attempt to amend an act that has already been amended or repealed. Such amendments have invariably been held inoperative and void.
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Application for mandamus.' The facts are stated in the opinion. I. The act under which respondent seeks to justify is unconstitutional. It purports to amend something which did not exist. It involves the same principle as an attempt to amend an act that has already been amended or repealed. Such amendments have invariably been held inoperative and void. (Draper v. Falley, 33 Ind. 465; Blakemore v. Dolan, 50 Ind. 203; Stingle v. Nevel, 9 Or. 65; Feibleman v. State, 98 Ind. 516.) II. No “ subject ” is expressed in the title as required by section 17, article 4, of the constitution. The subject…
1Opinion of the Court
By the- Court,
Hawley, J.r
Belator is a member of the- assembly of this state. He seeks, by the writ of mandamus,, to.- compel respondent, as state controller, to-draw a warrant in his favor at the rate of eight dollars per day for- each day of service, as provided in section 7 of “An act reducing and regulating, the salaries and compensation of certain state officers and attaches of the state government of Nevada,” approved February 21, 1881. (Stat-1881, 43; Gen. Stat. 2300.) Respondent refuses to issue any warrant to relator, except for “ seven dollars per- day for each day of service,” as…
2Cases cited20 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Davis v. StateCourt of Appeals of Maryland · 1854
- State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
- Stone v. BrownTexas Supreme Court · 1881
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3Cited by11 opinions
- Green v. City of CascadeSupreme Court of Iowa · 1975
- Southern Pac. Co. v. BartineU.S. Circuit Court for the District of Nevada · 1909
- Nevadans for the Protection of Property Rights, Inc. v. HellerNevada Supreme Court · 2006
- Atchison, Topeka & Santa Fe Railroad v. Board of County CommissionersSupreme Court of Kansas · 1897
- State v. Board of County CommissionersNevada Supreme Court · 1895
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