Legal Opinion

State ex rel. Dunn v. Board of Commissioners

Nevada Supreme Court

Decided April 15, 1892No. 1352PublishedCited by 10 opinions

Original application for a writ of mandamus requiring the • board of commissioners of Humboldt county to allow the relator’s salary as clerk at the rate of two hundred dollars per mouth.

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Original application for a writ of mandamus requiring the • board of commissioners of Humboldt county to allow the relator’s salary as clerk at the rate of two hundred dollars per mouth. The board refused to act upon the claim for the reason that the law of March 9, 1891, had taken all jurisdiction in the matter away from them, and had provided that his salary should be paid by a warrant drawn by the auditor upon the salary fund.for only the sum of one hundred dollars per month. I. The act of the legislature, approved March 9, 1891, is unconstitutional and void in that both the act and the…

1Opinion of the Court

By the Court,

Bigelow, J.:

The relator, as clerk of Humboldt county, was, prior to 1892, entitled to a salary of two thousand four hundred dollars per annum, to be allowed by the board of commissioners of that county. This was, however, by the act of March 9, 1891 (Stát. 1891, p. 30), reduced to one thousand two hundred dollars per annum, to be paid by a warrant drawn by the auditor upon the salary fund. He claims that this act is unconstitutional, and this is the question iuvolved in this action.

1. The first ground upon which this claim is made is that both the act audits title embrace more…

2Cases cited16 opinions

  1. Montclair v. RamsdellSupreme Court of the United States · 1883
  2. South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
  3. State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
  4. Ackley School District v. HallSupreme Court of the United States · 1885
  5. Evans v. JobNevada Supreme Court · 1873

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3Cited by10 opinions

  1. Keenan v. PriceIdaho Supreme Court · 1948
  2. Pioneer Irrigation District v. BradleyIdaho Supreme Court · 1902
  3. Ex Parte HewlettNevada Supreme Court · 1895
  4. Tonopah & Goldfield Railroad v. Nevada-California Transportation Co.Nevada Supreme Court · 1938
  5. Candelaria v. RogerNevada Supreme Court · 2010

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