Legal Opinion

State ex rel. McMillan v. Sadler

Nevada Supreme Court

Decided July 15, 1899No. 1555PublishedCited by 13 opinions

Original proceeding. Action by the State of Nevada, on the relation of William McMillan, against Reinhold Sadler. The facts sufficiently appear in the opinion. I. The proceeding in quo warranto may be in the name of the state, without tbe attorney-general, upon the relation of a private citizen, or upon the relation of one claiming the office in question, upon leave of court.

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Original proceeding. Action by the State of Nevada, on the relation of William McMillan, against Reinhold Sadler. The facts sufficiently appear in the opinion. I. The proceeding in quo warranto may be in the name of the state, without tbe attorney-general, upon the relation of a private citizen, or upon the relation of one claiming the office in question, upon leave of court. (State Const., art. VI, sec. 4; State v. McOullough, 3 Nev. 202; O’Neale v. McGlinton, 5 Nev. 329; State v. Ruhe, 52 Pac. Rep. 274; People v. Regents, 49 Pac. Rep. (Col.) 286-88; Gen. Stats. 1780; High, Extr. Leg. Rem.…

1Per curiam

At the general election of 1898, the relator, the respondent, George Russell, and J. B. McCullough were candidates for the office of governor of the State of Nevada. By the official canvass it appeared that the respondent received 3,570 votes, the relator 3,548 votes, and each of the other candidates a lesser number than the relator. The respondent was declared duly elected to the said office for the term of four years from the first Monday in January, 1899. A commission was duly issued to him accordingly, and upon said last-named date he *164duly qualified and entered upon the discharge of the…

2Cases cited8 opinions

  1. Russell v. McDowellCalifornia Supreme Court · 1890
  2. State ex rel. Nourse v. ClarkeNevada Supreme Court · 1867
  3. Wolcott v. HolcombMichigan Supreme Court · 1893
  4. People ex rel. Marshall v. LeonardCalifornia Supreme Court · 1887
  5. Gass v. State ex rel. ClarkIndiana Supreme Court · 1870

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3Cited by13 opinions

  1. State Ex Rel. Smith v. BohannanArizona Supreme Court · 1966
  2. Frazier v. ElmoreTennessee Supreme Court · 1943
  3. State ex rel. Murphy v. McBrideWashington Supreme Court · 1902
  4. State ex rel. Springmeyer v. BakerNevada Supreme Court · 1912
  5. In re Opinion of the JusticesSupreme Court of Alabama · 1950

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