Legal Opinion · Concurrence

State v. Tilford

Nevada Supreme Court

Decided July 1, 1865PublishedCited by 10 opinions

Appeal from the First Judicial District of the State of Nevada, Storey County, Hon. Caleb Buebanic presiding. The facts are stated in the opinion of the Court. Points by Appellant and Plaintiff: . Fi/rst — The Act of March 20,1865, repeals all former school laws. Second — The continued existence of the Board of Education would be inconsistent with Section 2, Article XI., of the Constitution. This must override the more general provisions of Section 13, Article XVII.

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Appeal from the First Judicial District of the State of Nevada, Storey County, Hon. Caleb Buebanic presiding. The facts are stated in the opinion of the Court. Points by Appellant and Plaintiff: . Fi/rst — The Act of March 20,1865, repeals all former school laws. Second — The continued existence of the Board of Education would be inconsistent with Section 2, Article XI., of the Constitution. This must override the more general provisions of Section 13, Article XVII. Thi/rd — Section 13, Article XVfL, only refers to county officers known to the general system of county government. It does not…

1Concurrence

Opinion by

Beatty, J.,

full Bench concurring.

This is a case where an agreed statement was submitted to the District Court of the Eirst Judicial District under the provisions of the three hundred and twenty-sixth, three hundred and twenty-seventh, and three hundred and twenty-eighth sections of the Practice Act, to determine certain rights without the institution of a regular action.

It is intended for a substitute for a proceeding in the nature of a quo warrcmto. It is desired by this proceeding to determine : Eirst — Whether the persons now claiming to exercise the powers of a Board of…

2Cited by10 opinions

  1. State ex rel. Williams v. SamuelsonWisconsin Supreme Court · 1907
  2. State Ex Rel. County of Hennepin v. BrandtSupreme Court of Minnesota · 1948
  3. Moore v. Humboldt CountyNevada Supreme Court · 1922
  4. State ex rel. Faussett v. HarrisNorth Dakota Supreme Court · 1890
  5. DUNCAN VS. STATE, OFFICE OF THE STATE TREASURERNevada Supreme Court · 2016

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