State v. Wheeler
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Elko county; A. E. Cheney, District Judge: Action by the State of Nevada against John T. Wheeler and Samuel Wheeler, partners under the firm name of . Wheeler Brothers. Judgment for defendants, and the State appeals.
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Appeal from the District Court of the State of Nevada, Elko county; A. E. Cheney, District Judge: Action by the State of Nevada against John T. Wheeler and Samuel Wheeler, partners under the firm name of . Wheeler Brothers. Judgment for defendants, and the State appeals. Action to recover $350 as license money due upon 7^000 head of sheep, and for $25, the statutory penalty for failing to procure the license in advance, under Stats. 1895, 53, the material portions of which act are as follows: “Section 1. Every person now engaged in, or who may hereafter engage in, the business of owning,…
1Opinion of the Court
By the Court,
Bigelow, C. J.
(after stating the facts):
The constitutionality of the act under which this action is brought has been quite ably argued before us, but as, in the view we take, the case can be disposed of without deciding that point, we do not consider it. (State ex rel. Guinan v. Meder, 22 Nev. 264.) Aside from that, the question presented is whether the defendants were required to procure the license provided for in the act of March 12, 1895. This turns upon whether, as lessees of certain land for a fixed term, they are the “ owners and holders ” of it, within the meaning of the…
2Cases cited8 opinions
- American Net & Twine Co. v. WorthingtonSupreme Court of the United States · 1891
- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- Lozo v. SutherlandMichigan Supreme Court · 1878
- Gitchell v. KreidlerSupreme Court of Missouri · 1884
- Wilder v. HaugheySupreme Court of Minnesota · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- Mangarella v. StateNevada Supreme Court · 2001
- Ex parte SMITHNevada Supreme Court · 1910
- Guild v. PrentisSupreme Court of Vermont · 1910
- Ex parte DavisNevada Supreme Court · 1910
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