Legal Opinion

State ex rel. Brown v. Nevada Industrial Commission

Nevada Supreme Court

Decided October 15, 1916No. 2252PublishedCited by 15 opinions

Original proceeding in mandamus, by the State, on the relation of Ernest E. Brown, against the Nevada Industrial Commission. Mandamus is the proper remedy in the case at bar. It is not only the proper remedy, but the only remedy in the case. Petitioner has no speedy nor adequate remedy at law. Certiorari, prohibition, injunction, or any other remedy, extraordinary or otherwise, would not avail to give petitioner relief.

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Original proceeding in mandamus, by the State, on the relation of Ernest E. Brown, against the Nevada Industrial Commission. Mandamus is the proper remedy in the case at bar. It is not only the proper remedy, but the only remedy in the case. Petitioner has no speedy nor adequate remedy at law. Certiorari, prohibition, injunction, or any other remedy, extraordinary or otherwise, would not avail to give petitioner relief. This court has held that the state insurance fund, involved in the case at bar, is not a "state fund,” but should be regarded as separate from the state treasury. (State ex…

1Opinion of the Court

*222By the Court,

Norcross, C. J.:

This is an original proceeding in mandamus. Paragraph 1 of the petition alleges the creation of respondent, Nevada Industrial Commission, under and by virtue of the provisions of section 8 of that certain act of the legislature entitled "An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an Industrial Insurance Commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of…

2Cases cited3 opinions

  1. State ex rel. Kendall v. ColeNevada Supreme Court · 1915
  2. State ex rel. Abel v. EggersNevada Supreme Court · 1913
  3. State ex rel. Mighels v. EggersNevada Supreme Court · 1913

3Cited by15 opinions

  1. Nevada Industrial Commission v. ReeseNevada Supreme Court · 1977
  2. Whitehead v. Nevada Commission on Judicial DisciplineNevada Supreme Court · 1994
  3. County of Washoe v. City of RenoNevada Supreme Court · 1961
  4. Whitehead v. NEVADA COM'N JUDICIAL DIS.Nevada Supreme Court · 1994
  5. Bradford v. Eighth Judicial District Court of the State of Nevada ex rel. County of ClarkNevada Supreme Court · 2013

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