State Ex Rel. Cutting v. LaGrave
Nevada Supreme Court
Original proceeding. Application by the State, on the relation of H. C. Cutting, as Superintendent of Public Instruction and ex officio Curator of the State Museum, against C. A. LaGrave, State Controller, for a writ of mandamus. The facts sufficiently appear in the opinion. I. What is the salary of the superintendent of public instruction, with his ex officio offices, under the present statutes? This is a question of statutory construction.
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Original proceeding. Application by the State, on the relation of H. C. Cutting, as Superintendent of Public Instruction and ex officio Curator of the State Museum, against C. A. LaGrave, State Controller, for a writ of mandamus. The facts sufficiently appear in the opinion. I. What is the salary of the superintendent of public instruction, with his ex officio offices, under the present statutes? This is a question of statutory construction. (Sutherland, Statutory Construction, p. 290, sec. 219.) “The intention of an act will prevail over the literal sense of its terms.” (State v.…
1Opinion of the Court
By the Court,
Bigelow., 0. J.:
The relator, as state superintendent of public instruction, applies for a writ of mandamus to compel the respondent, as state controller, to draw a warrant in his favor for the sum $200, salary due him for the month of November, 1895. He contends that he is entitled to a salary of $2,400 per year, while the respondent contends he is only entitled to $1,000. This contention constitutes the question to be decided in this proceeding.
By Stats. 1891, 32, the legislature provided that after January 1, 1895, “ the superintendent of public instruction shall be ex officio…
2Cases cited11 opinions
- State v. SteeleTexas Supreme Court · 1882
- Van Norman v. Circuit JudgeMichigan Supreme Court · 1881
- Byrd v. StateMississippi Supreme Court · 1879
- People ex rel. Anderson v. DurickCalifornia Supreme Court · 1862
- State ex rel. Davenport v. LaughtonNevada Supreme Court · 1885
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3Cited by2 opinions
- State Ex Rel. Howell v. LaGraveNevada Supreme Court · 1897
- State ex rel. Fowler v. EggersNevada Supreme Court · 1910