State ex rel. Piper v. Gracey
Nevada Supreme Court
This was an original application to the supreme court for a writ of mandamus to compel tlie auditor of Storey county to correct the assessment-roll of tlie-proceeds of the mines for the quarter ending June 30, A. D. 1875, by adding to tlie tax collectible upon the proceeds of the mines certain taxes levied for school and railroad bond purposes, and to compel the assessor of Storey county to collect the said taxes as other taxes are collected upon such proceeds of mines.
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This was an original application to the supreme court for a writ of mandamus to compel tlie auditor of Storey county to correct the assessment-roll of tlie-proceeds of the mines for the quarter ending June 30, A. D. 1875, by adding to tlie tax collectible upon the proceeds of the mines certain taxes levied for school and railroad bond purposes, and to compel the assessor of Storey county to collect the said taxes as other taxes are collected upon such proceeds of mines. The affidavit shows that on the fifth day of April, A. D. 1875, the board of county commissioners of Storey county made an…
1Opinion of the Court
By the Court,
Earll, J.:
The first question presented by the motion of respondents to quash the alternative writ of mandamus, issued in this case, is whether either the state of Nevada or the relator is shown, by the affidavit upon which the writ issued, to be the party beneficially interested; and especially whether either is so interested in the collection of the railroad bond tax, mentioned in the affidavit and writ, as to be entitled to institute this proceeding for the collection thereof.
By section 448 of the civil practice, it is provided: “This writ shall be issued in all cases where…
2Cases cited17 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
- Hamilton v. State ex rel. BatesIndiana Supreme Court · 1852
- County Commissioners v. People ex rel. MetzIllinois Supreme Court · 1849
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3Cited by33 opinions
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- Mineral County v. STATE, DEPT. OF CONSERV.Nevada Supreme Court · 2001
- Kimberly v. MorrisTexas Supreme Court · 1895
- George v. BeatyCalifornia Court of Appeal · 1927
- State ex rel. Romano v. YakeyWashington Supreme Court · 1906
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