State ex rel. Keith v. Dayton & Virginia Toll-Road Co.
Nevada Supreme Court
This information in the nature of a quo warranto was originally brought in this Court to obtain a decree ousting the respondent from all right, privilege and franchise in and to a certain toll-road situate in Lyon County, Nevada. The facts are stated in the opinion. I. The passage of the act of February 9,1865 (Stat. 1864-5, 144), and the acceptance by Birdsall and his associates of the franchises, constituted a contract between them and the State.
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This information in the nature of a quo warranto was originally brought in this Court to obtain a decree ousting the respondent from all right, privilege and franchise in and to a certain toll-road situate in Lyon County, Nevada. The facts are stated in the opinion. I. The passage of the act of February 9,1865 (Stat. 1864-5, 144), and the acceptance by Birdsall and his associates of the franchises, constituted a contract between them and the State. (Trustees Dartmouth College v.. Woodward, 4 Wheat. 624-644; Fletcher v. Feclc, 6 Cranch, 136-139; Stale of New Jersey v. Wilson, 7 Cranch, 164;…
1Opinion of the Court
By the Court,
Hawley, C. J.:
On the 9th day of February, 1865, the legislature passed an act granting to Frederick Birdsall and his associates a franchise to collect such tolls as the commissioners of Storey and Lyon Counties might fix, for the space of ten years after the passage of said act, upon the road known as the Dayton, Virginia and Carson Toll Road. (Stat. 1864-5, 144.)
The road was built prior to the passage of said act over and upon the public land of the United States. Respondent was incorporated January 15, 1874, and is the successor in interest of said Birdsall and his associates.…
2Cases cited3 opinions
- City of Shreveport v. WalpoleSupreme Court of Louisiana · 1870
- State ex rel. Boardman v. LakeNevada Supreme Court · 1873
- Lake v. Virginia & Truckee RailroadNevada Supreme Court · 1872
3Cited by10 opinions
- Escalle v. MarkNevada Supreme Court · 1919
- Virginia Cañon Toll Road Co. v. People ex rel. VivianSupreme Court of Colorado · 1896
- List v. WhislerNevada Supreme Court · 1983
- Nevada Power Co. v. Public Service CommissionNevada Supreme Court · 1986
- State ex rel. Donnelley v. HamiltonNevada Supreme Court · 1910
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