State ex rel. Kaufman v. Martin
Nevada Supreme Court
Original proceeding. Application by the State, on the relation of J. G. Kaufman and others, for writ of mandate against C. T. Martin and others, Board of County Commissioners of Lyon County. The facts are sufficiently stated in the opinion. I. Respondents in the present case were vested with no discretion whatever in deciding upon the sufficiency of the petition presented to compel action on their part, but acted in a ministerial capacity.
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Original proceeding. Application by the State, on the relation of J. G. Kaufman and others, for writ of mandate against C. T. Martin and others, Board of County Commissioners of Lyon County. The facts are sufficiently stated in the opinion. I. Respondents in the present case were vested with no discretion whatever in deciding upon the sufficiency of the petition presented to compel action on their part, but acted in a ministerial capacity. II.- Mandamus will not lie until respondent is in actual default, and he is not in actual default until the time passes within which he may legally do the…
1Opinion of the Court
Per Ctjriam:
By demurrer respondents question the sufficiency of the application for a writ of mandate by which it is sought to compel respondents to order an election for the purpose of enabling the voters of Lyon County to determine whether the county-seat should be moved.
Among other things it is alleged in the application that on the 7th day of June, 1909, there was filed with respondents, as the board of county commissioners, a petition, duly accompanied by the proper certificate of the registry agent of each of the districts where the persons signing the same resided, praying for the…
2Cases cited5 opinions
- State ex rel. Webster v. County CommissionersCourt of Appeals of Maryland · 1868
- People, Ex Rel. Smith v. . SchielleinNew York Court of Appeals · 1884
- State ex rel. Hess v. County CommissionersNevada Supreme Court · 1870
- People ex rel. Young v. Trustees of FairburyIllinois Supreme Court · 1869
- State ex rel. McGregor v. YoungSouth Dakota Supreme Court · 1894
3Cited by10 opinions
- Carson City v. Red Arrow GarageNevada Supreme Court · 1924
- State Ex Rel. Sisson v. FelkerMissouri Court of Appeals · 1960
- State v. Ninth Judicial District CourtNevada Supreme Court · 1989
- Heywood v. Nye CountyNevada Supreme Court · 1913
- City of Las Vegas v. MacKNevada Supreme Court · 1971
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