Berney v. Alexander
Nevada Supreme Court
Original proceeding in mandamus by E. S. Berney against W. B. Alexander and others, to compel the execution of a contract for highway construction. Section 2827 of the Revised Laws is plain and unambiguous.
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Original proceeding in mandamus by E. S. Berney against W. B. Alexander and others, to compel the execution of a contract for highway construction. Section 2827 of the Revised Laws is plain and unambiguous. Its purpose is to prevent a public official from participating in the profits of a public contract, but it cannot be seriously or successfully contended that the statute can prevent a member of the state legislature of 1919 from being a contractor for work authorized by a preceding legislature. The highway act of 1917 was amended by the legislature of 1919, but not in regard to the route…
1Opinion of the Court
By the Court,
COLEMAN, C. J.:
This is an original proceeding in mandamus.
The petition alleges that the respondents are ,and constitute the department of highways of the State'of Nevada, and as such are charged with the duty of *426executing all contracts for the construction of state highways within this state for which they have advertised for and accepted bids in accordance with law; that prior to the filing of the petition said department of highways determined that a certain portion of state highway, route 4, be built in Nye County, and as by law provided resolved to let the contract for the…
2Cases cited3 opinions
- Ruggles v. IllinoisSupreme Court of the United States · 1883
- Colburn v. WilsonIdaho Supreme Court · 1913
- State ex rel. Maxson v. BrodiganNevada Supreme Court · 1914
3Cited by1 opinion
- Thomas v. StateNevada Supreme Court · 1972