State ex rel. Ash v. Parkinson
Nevada Supreme Court
This was an original proceeding in the Supreme Court, for a writ of mandamus upon William K. Parkinson, the Controller of State. The facts are stated in the opinion. I. If there is any ambiguity in the constitutional provisions, the law must be upheld. (Sedgw. on Const. Law, 482; 17 Cal. 551.) II. The principal and interest are both payable directly out of the treasury by appropriation made, and therefore no constitutional debt is incurred.
Read the full summary
This was an original proceeding in the Supreme Court, for a writ of mandamus upon William K. Parkinson, the Controller of State. The facts are stated in the opinion. I. If there is any ambiguity in the constitutional provisions, the law must be upheld. (Sedgw. on Const. Law, 482; 17 Cal. 551.) II. The principal and interest are both payable directly out of the treasury by appropriation made, and therefore no constitutional debt is incurred. The demand is not excepted from the debt clause by reason of the money being supposed to be in the treasury; but by reason of the manifest intention of…
1Opinion of the Court
By the Court,
WHITMAN, J. :
This is an application on behalf of Augustus Ash, Sergeant-at-Arms of the Assembly of the State of Nevada, now in session, for a writ of mandamus upon the Controller of the State, that he may issue to applicant two certain warrants, one for two hundred and eighty dollars, pay due relator by law as such Sergeant-at-Arms, and one for five thousand dollars as contingent fund of the Assembly, both claimed under the provisions of the Act of the present Legislature, entitled “An Act to create Legislative Funds,” which is as follows:
“ The People of the State of Nevada,…
2Cases cited9 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
- Koppikus v. State Capitol Comm'rsCalifornia Supreme Court · 1860
- State v. McCauleyCalifornia Supreme Court · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- Stein v. MorrisonIdaho Supreme Court · 1904
- Board of Commissioners v. GwinIndiana Supreme Court · 1894
- Veterans' Welfare Board v. JordanCalifornia Supreme Court · 1922
- Rhea v. NewmanCourt of Appeals of Kentucky · 1913
31 more not listed; retrieve them via the Exa API.