Esser v. Spaulding
Nevada Supreme Court
Appeal from tbe District Court of tbe Fifth. Judicial District, Nye County. The facts are stated in tbe opinion. I. The usual ingredients of a contract are: a consideration, parties and a subject matter. What is called the obligation óf a contract is a duty which the law imposes upon a party not to disturb any of the legal rights conferred upon the other party. The extent of the rights of one party, therefore, is the measure of the obligation of the other.
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Appeal from tbe District Court of tbe Fifth. Judicial District, Nye County. The facts are stated in tbe opinion. I. The usual ingredients of a contract are: a consideration, parties and a subject matter. What is called the obligation óf a contract is a duty which the law imposes upon a party not to disturb any of the legal rights conferred upon the other party. The extent of the rights of one party, therefore, is the measure of the obligation of the other. In this case there was a full and ample consideration; not a consideration implied, but expressly stated — that of jury fees and of…
1Opinion of the Court
By the Court,
Leonard, J.:
This appeal is from an order of the court below, denying appellant’s application for an injunction and dissolving the restraining order made at a prior date, enjoining and restraining respondents from transferring money from the general fund into the salary fund of Nye county.
Appellant is a citizen and taxpayer of Nye county. He is the holder and owner of certain certificates of ‘ ‘ Nye county indebtedness,” issued to him and his assignors for jurors’ and *298sheriff’s fees, dated April, 1878. Following is the form of the certificates:
“I, James A. Service, county recorder…
2Cases cited13 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Louisiana v. New OrleansSupreme Court of the United States · 1880
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Tucker v. FergusonSupreme Court of the United States · 1875
- Humboldt County v. County CommissionersNevada Supreme Court · 1870
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3Cited by6 opinions
- Eidemiller v. City of TacomaWashington Supreme Court · 1896
- State v. Com's Humboldt Co.Nevada Supreme Court · 1892
- State ex rel. Dunn v. Board of CommissionersNevada Supreme Court · 1892
- Russell v. Esmeralda CountyNevada Supreme Court · 1910
- City of Reno v. McGowanNevada Supreme Court · 1968
1 more not listed; retrieve them via the Exa API.