Legal Opinion · Dissent

State v. California Mining Co.

Nevada Supreme Court

Decided January 15, 1878No. 853Published

Appeal from the District Court of the First Judicial District, Storey County. I. There is no undertaking on appeal as required by section 341 of the code. (Bank v. Judson, 10 How. Pr. 133; Halsey v. Flint, 15 Abb. Pr. 367, and note; Onderdonh v. Fmmons, 17 How. Pr. 545; Wilson v. Allen, 3 How. Pr. 369; Hoppocky. Cottrel, 13 How.

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Appeal from the District Court of the First Judicial District, Storey County. I. There is no undertaking on appeal as required by section 341 of the code. (Bank v. Judson, 10 How. Pr. 133; Halsey v. Flint, 15 Abb. Pr. 367, and note; Onderdonh v. Fmmons, 17 How. Pr. 545; Wilson v. Allen, 3 How. Pr. 369; Hoppocky. Cottrel, 13 How. Pr. 461; Gaudelte v. Glissan, 11 Nev. 184; 4 Wait’s Pr. 224, 225, 226 et seq.; Wilson v. Holman, 2 O. R. 254; Oliver v. Pray, 4 Id. 191; Langley v. Warner, 1 N. Y. (1 Comstock), 606.) The undertaking fails to specify any kind of money or currency. (1 Comp. Laws,…

1DissentHawley, C. J.

I concur in the conclusions reached by the court, that this case must be examined and decided upon its merits, and that the ten per centum penalty imposed by section 24 of the revenue act of 1864-5 (Stat. 1864-5, 282; Stat. 1866, 172), does not, by the terms of said section, for the reasons stated in the opinion of the court, apply to suits brought for the collection of delinquent taxes upon the proceeds of mines. But I entertain a different opinion as to the construction that ought to be given to the act approved March 7, 1873. (Stat. 1873, 169, 170.)

In the first place, it must be conceded…

2Cases cited6 opinions

  1. Wood v. United StatesSupreme Court of the United States · 1842
  2. Taylor v. United StatesSupreme Court of the United States · 1845
  3. Sibley v. SmithMichigan Supreme Court · 1853
  4. Cornwall v. ToddSupreme Court of Connecticut · 1871
  5. Winslow v. KimballSupreme Judicial Court of Maine · 1846

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