Legal Opinion

State ex rel. Twaddle v. Board of County Commissioners

Nevada Supreme Court

Decided January 15, 1877No. 744PublishedCited by 4 opinions

Application-to tbe supreme court for a writ of certiorari. Tbe facts are stated in tbe opinion. I. The objection that the case was before adjudicated cannot be considered, and the evidence offered to support the objection cannot be received, because there is no plea, and because the evidence offered is insufficient. II.

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Application-to tbe supreme court for a writ of certiorari. Tbe facts are stated in tbe opinion. I. The objection that the case was before adjudicated cannot be considered, and the evidence offered to support the objection cannot be received, because there is no plea, and because the evidence offered is insufficient. II. The refusal of the district court to issue the writ upon a petition substantially, though not exactly, like that filed in this case, cannot bar the right of this court to pass judgment upon the merits, ‘ ‘ affirming, or annulling or modifying the proceedings below.” III. The…

1Opinion of the Court

By the Court,

Beatty, J.:

This is an original proceeding upon certiorari instituted for the purpose of obtaining a review of the action of the *19commissioners of "Washoe county in vacating a certain high-way.

The petition filed in this court shows that the relator is injuriously affected by the closing of the road, and avers that the order was made upon the petition of only fourteen persons in a county containing more than one hundred legal voters. The return to the writ shows that the petition was signed by only fourteen persons, and is silent as to the number of legal voters in the county. As…

2Cases cited5 opinions

  1. State v. Board of County CommissionersNevada Supreme Court · 1869
  2. Terry v. HammondsCalifornia Supreme Court · 1873
  3. State ex rel. Swift v. County CommissionersNevada Supreme Court · 1870
  4. Wilson v. RayIndiana Supreme Court · 1865
  5. Morgan v. Board of County CommissionersNevada Supreme Court · 1874

3Cited by4 opinions

  1. Caton v. FrankNevada Supreme Court · 1935
  2. Godchaux v. CarpenterNevada Supreme Court · 1887
  3. Vickers v. VickersNevada Supreme Court · 1921
  4. Vickers v. VickersNevada Supreme Court · 1921

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