State ex rel. Daggett v. Collins
Nevada Supreme Court
Appeal from the District Court of the Eirst Judicial District, Storey County, the Hon. R. S. Mesick presiding. The facts are stated in the Opinion. The Court in this proceeding could not oust defendant without holding that relator had title to the office.
Read the full summary
Appeal from the District Court of the Eirst Judicial District, Storey County, the Hon. R. S. Mesick presiding. The facts are stated in the Opinion. The Court in this proceeding could not oust defendant without holding that relator had title to the office. (Laws of 1864-5, p. 165, secs. 7 and 8.) The defendant, having rightfully entered, ivas entitled to hold the office until his successor was legally elected.-- Defendant was entitled to hold until after the election in 1866. (Laws of 1864-5, p. 416, sec. 16 ; Laws of 1864-5, p. 426, sec. 56 ; McKune v. Weller, 11 Cal. 49 ; Bethany v. Sperry,…
1Opinion of the Court
Opinion by
Beatty, J., full Bench concurring.
In the month of May, 1865, there was a vacancy in the office of Superintendent of .Public Schools for the County of Storey. The Board of Supervisors appointed John A. Collins to fill the vacancy. Prior to the November election, 1865, they made a further order for an election of a Superintendent to fill a vacancy in that office which would occur by the expiration of the term of office of John A. Collins. At such election the relator, R. M. Daggett, was a candidate for the office, and having received the largest number of votes cast, and a certificate…
2Cited by11 opinions
- State ex rel. Patterson v. LentzMontana Supreme Court · 1915
- State ex rel. Fish v. HowellWashington Supreme Court · 1910
- People ex rel. Murphy v. HardyUtah Supreme Court · 1892
- Douglas County v. KellerNebraska Supreme Court · 1895
- Stephens v. ReidSupreme Court of Georgia · 1939
6 more not listed; retrieve them via the Exa API.