State ex rel. Lawton v. Public Service Commission
Nevada Supreme Court
Original proceeding in mandamus by the State of Nevada, on relation of W. J. P. Lawton, against the Public Service Commission of Nevada and another. The order of the public service commission, being an absolute nullity, for the reason that it is against the law and without the jurisdiction of the commission, may not be considered by this court in determining the question as to whether or not the writ should issue in this case.
Read the full summary
Original proceeding in mandamus by the State of Nevada, on relation of W. J. P. Lawton, against the Public Service Commission of Nevada and another. The order of the public service commission, being an absolute nullity, for the reason that it is against the law and without the jurisdiction of the commission, may not be considered by this court in determining the question as to whether or not the writ should issue in this case. “Mandamus is the proper remedy when the case is outside the exercise of the discretion of the inferior court, and is one of irregularity, or against law, or without…
1Opinion of the Court
By the Court,
Ducker, J.:
This is an original proceeding in mandamus.
The petition of W. J. P. Lawton shows, among other matters, that on August 24, 1904, the city council of the city of Reno, a municipal corporation, approved an ordinance granting to certain persons, their successors in interest or assigns, the right to construct, maintain, and operate a street-car line over, across, and upon certain streets, alleyways, and avenues of said city. The franchise privileges granted thereby were duly accepted by them, and thereafter assigned to the defendant, Reno Traction Company, a corporation…
2Cases cited5 opinions
- Ex Parte BradleySupreme Court of the United States · 1869
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- State ex rel. Piper v. GraceyNevada Supreme Court · 1876
- State Ex Rel. Office Specialty Manufacturing Co. v. CurlerNevada Supreme Court · 1902
- State ex rel. Freyesleben v. Ninth Judicial District CourtNevada Supreme Court · 1916
3Cited by7 opinions
- Board of County Commissioners v. CMC of Nevada, Inc.Nevada Supreme Court · 1983
- George v. BeatyCalifornia Court of Appeal · 1927
- Beebe v. KoontzNevada Supreme Court · 1956
- Brewery Arts Center v. State Board of ExaminersNevada Supreme Court · 1992
- State Ex Rel. Schur v. PayneNevada Supreme Court · 1937
2 more not listed; retrieve them via the Exa API.