Legal Opinion

Youngs v. Hall

Nevada Supreme Court

Decided April 15, 1874PublishedCited by 25 opinions

This was an original application to the Supreme Court for a peremptory writ of mandamus to compel the defendant to pay four warrants for the aggregate sum of four hundred dollars and upwards, drawn on the “ general” and “ redemption ” funds of Esmeralda County in 1865, 1866, and 1867. Petitioner set forth in his affidavit a presentation of said warrants, demand for payment and refusal on January 2, 1873, and alleged that there was then money in the treasury applicable to the…

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This was an original application to the Supreme Court for a peremptory writ of mandamus to compel the defendant to pay four warrants for the aggregate sum of four hundred dollars and upwards, drawn on the “ general” and “ redemption ” funds of Esmeralda County in 1865, 1866, and 1867. Petitioner set forth in his affidavit a presentation of said warrants, demand for payment and refusal on January 2, 1873, and alleged that there was then money in the treasury applicable to the payment thereof. Upon the filing of the petition, the defendant was required to show cause on March 10, 1873, why a…

1Opinion of the Court

By tbe Court,

Belknap, J.:

This is an application for a peremptory writ of mandamus requiring the treasurer of Esmeralda County to pay certain warrants drawn by its auditor in the years 1865, 1866 and 1867, out of the general fund of the county. At the time of the allowance of the indebtedness evidenced by these warrants it was payable out of the general fund, but payment was not made for want of funds. Subsequent legislation created a “ Redemption Fund ” for Esmeralda County and directed that all moneys should thereafter be paid into it, which theretofore bad been directed to be paid into the…

2Cases cited15 opinions

  1. McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
  2. People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
  3. State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
  4. Clark v. City of JanesvilleWisconsin Supreme Court · 1860
  5. State ex rel. Webster v. County CommissionersCourt of Appeals of Maryland · 1868

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3Cited by25 opinions

  1. McSurely v. McGrewSupreme Court of Iowa · 1908
  2. Brown v. Road CommissionersSupreme Court of North Carolina · 1917
  3. Strickland v. WaymireNevada Supreme Court · 2010
  4. Sawyer v. DooleyNevada Supreme Court · 1893
  5. Washoe County Water Conservation District v. BeemerNevada Supreme Court · 1935

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