State v. California Mining Co.
Nevada Supreme Court
' Appeal from the District Court of the First Judicial District, Storey County. The facts appear in the opinion. I. The consent of parties did not authorize the court to enter a judgment for less than the law demanded. The statute controls judicial officers as well as ministerial or executive officers. (Secs. 3153-3159, and 3232, 3233, 3238, 2 Comp. Laws; Cooley on Tax. 358, 359, and cases cited; Thatcher v. Poiuell, 6 Wheat. 119; Stale v. O. P. li.
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' Appeal from the District Court of the First Judicial District, Storey County. The facts appear in the opinion. I. The consent of parties did not authorize the court to enter a judgment for less than the law demanded. The statute controls judicial officers as well as ministerial or executive officers. (Secs. 3153-3159, and 3232, 3233, 3238, 2 Comp. Laws; Cooley on Tax. 358, 359, and cases cited; Thatcher v. Poiuell, 6 Wheat. 119; Stale v. O. P. li. JR., 10 Nev. 49; Hobart v. Hobart, 45 la. 501; Norwegian Street, 81 Pa. St. 349; Cohen v. Barrett, 5 Cal. 195; Hills v. Chicago, 60 111. 86;…
1Opinion of the Court
By the Court,
Beatty, C. J..
The complaint in this action was filed March 16, 1877. It showed by the usual averments that tbe taxes due from the corporation defendant, on account of the proceeds of its mine for the quarter year, ending September 30, 1876, were delinquent, and prayed judgment therefor and for the prescribed penalties and costs.
To this complaint the defendants demurred, upon grounds which are now confessed to have been without merit. Such being the state of the pleadings, the following judgment was entered by order of the court on the fifth of May, 1877:
“ This cause coming on…
2Cases cited8 opinions
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- Preston v. HillCalifornia Supreme Court · 1875
- State ex rel. Stoutmeyer v. DuffyNevada Supreme Court · 1872
- State ex rel. Flack v. RogersNevada Supreme Court · 1875
- State v. Central Pacific RailroadNevada Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Gagnon Co., Inc. v. Nevada Desert InnCalifornia Supreme Court · 1955
- In re CraneIdaho Supreme Court · 1915
- Mix v. Board of County CommissionersIdaho Supreme Court · 1910
- Waits v. WellerCourt of Appeals for the Ninth Circuit · 1981
- Sawyer v. DooleyNevada Supreme Court · 1893
21 more not listed; retrieve them via the Exa API.