Legal Opinion

State ex rel. Nevada Orphan Asylum v. Hallock

Nevada Supreme Court

Decided January 15, 1882No. 1,096PublishedCited by 24 opinions

APPLICATION for mandamus. The facts are stated in the opinion. I. The state, bj the act in question, has offered terms to the orphan asylums in this state, upon which they may receive and provide for orphans, regardless of creed or sect.

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APPLICATION for mandamus. The facts are stated in the opinion. I. The state, bj the act in question, has offered terms to the orphan asylums in this state, upon which they may receive and provide for orphans, regardless of creed or sect. Upon a compliance with those terms on the part of such asylums, and the performance of all the conditions of the act, the state obligates itself to pay the amounts specified in the act, and’has appropriated the necessary funds to make the payments. This is a simple contract, and the petitioner having performed its part, it is the duty of this court to compel…

1Opinion of the Court

By the Cpurt,

LEONARD, C. J.:

This is an application for a writ of mandamus to compel respondent' to audit an account for one thousand two hundred and seventy-nine dollars and seventy-nine cents, and to issue his warrant on the state treasurer for the same, 'in favor of petitioner, the Nevada Orphan Asylum, said account having been apportioned and allowed to petitioner by a majority of the board of asylum commissioners, for the support and maintenance of orphans and half orphans, under and in accordance with the provisions of the statute of this state, entitled, “An act to appropriate funds for…

2Cases cited3 opinions

  1. People ex rel. Kennedy v. GiesMichigan Supreme Court · 1872
  2. State ex rel. Salomon v. GrahamSupreme Court of Louisiana · 1871
  3. Sias v. HallockNevada Supreme Court · 1879

3Cited by24 opinions

  1. State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
  2. Synod of Dakota v. StateSouth Dakota Supreme Court · 1891
  3. Bowker v. BakerCalifornia Court of Appeal · 1946
  4. Board of Education v. WheatCourt of Appeals of Maryland · 1938
  5. Knowlton v. BaumhoverSupreme Court of Iowa · 1918

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