Legal Opinion

County of Washoe v. County of Humboldt

Nevada Supreme Court

Decided January 15, 1879No. 912PublishedCited by 13 opinions

Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. Tbe facts are stated in the opinion. • I. The treasurer of Washoe county had no authority to pay the witness fees. The order for their payment was mack) by the judge instead of by the court. (1 Comp. L., 2169.) II. The allowance of attorneys’ fee for three hundred dollars was illegal. (Stat. 1875, 142; Roioe et al. v. Yuba Co., 17 Cal. 61.) III.

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Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. Tbe facts are stated in the opinion. • I. The treasurer of Washoe county had no authority to pay the witness fees. The order for their payment was mack) by the judge instead of by the court. (1 Comp. L., 2169.) II. The allowance of attorneys’ fee for three hundred dollars was illegal. (Stat. 1875, 142; Roioe et al. v. Yuba Co., 17 Cal. 61.) III. County commissioners have no jurisdiction to examine, settle, or allow any accounts not legally chargeable against the county. (2 Comp. L., 3077; People ex rel. Paun et al.…

1Opinion of the Court

By tbe Court,

Hawley, J.:

The case of The State v. Rover (indicted for murder) was transferred from the county to Humboldt to tbe county of Wasboe for trial. It was twice tried in Wasboe county.

Tbis action was commenced to recover tbe sum of three thousand six hundred and forty-five dollars and five cents, tbe amount of indebtedness alleged to have been legally incurred by Wasboe county upon tbe trials of said case. It was tried before tbe court without a jury and a judgment was rendered in favor of Wasboe county in tbe sum of three thousand five hundred and seventy-three dollars and…

2Cases cited10 opinions

  1. Rowe v. Yuba CountyCalifornia Supreme Court · 1860
  2. Lamont v. Solano Cty.California Supreme Court · 1874
  3. Elam v. JohnsonSupreme Court of Georgia · 1873
  4. Samuels v. County of DubuqueSupreme Court of Iowa · 1862
  5. Crittenden County v. CrumpSupreme Court of Arkansas · 1868

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3Cited by13 opinions

  1. United States v. Edward J. Dillon, Petition of Manley B. StrayerCourt of Appeals for the Ninth Circuit · 1965
  2. Melvin Leroy Tyler v. Warden Lark Norton Y. Beilenson v. Treasurer of the United StatesCourt of Appeals for the Eighth Circuit · 1973
  3. Weiner v. Fulton CountyCourt of Appeals of Georgia · 1966
  4. Pardee v. Salt Lake CountyUtah Supreme Court · 1911
  5. Board of Commissioners v. McGregorIndiana Supreme Court · 1909

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