Gay v. District Court of the Tenth Judicial District
Nevada Supreme Court
Original proceeding in certiorari by Sam Gay to inquire into the jurisdiction of the District Court of the Tenth Judicial District of the State of Nevada, in and for the County of Clark, and Charles Lee Horsey, Judge of said Court. The supreme court has power to issue a writ of certiorari. (Const. Nev., art. 6, sec. 4.) The legislature cannot take away or limit the right and power of the court to issue the writ.
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Original proceeding in certiorari by Sam Gay to inquire into the jurisdiction of the District Court of the Tenth Judicial District of the State of Nevada, in and for the County of Clark, and Charles Lee Horsey, Judge of said Court. The supreme court has power to issue a writ of certiorari. (Const. Nev., art. 6, sec. 4.) The legislature cannot take away or limit the right and power of the court to issue the writ. (State v. Johnson, 103 Wis. 591.) Certiorari lies in all cases unless taken away by the express words of the statute. {New Jersey R. R. & T. Co., v. Snydham, 17 N. J. Law, 25;…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an original proceeding in certiorari to inquire into the jurisdiction of the Tenth judicial district court of the State of Nevada to enter a judgment removing the petitioner, Sam Gay, as sheriff of Clark County, Nevada, from office.
A complaint was filed in the district court of said county, wherein it was alleged that the defendant, Sam Gay, as sheriff, was guilty of nonfeasance in office, in that he neglected and refused to arrest one Joe Keate, his deputy, while the latter was making an assault with a pistol upon W. H. Harkins, a justice of the peace, in the…
2Cases cited22 opinions
- Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
- Moore v. StricklingWest Virginia Supreme Court · 1899
- Cameron, Superintendent v. ParkerSupreme Court of Oklahoma · 1894
- Woods v. VarnumCalifornia Supreme Court · 1890
- Bell v. First Judicial District CourtNevada Supreme Court · 1905
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Meyer v. TunksTexas Supreme Court · 1962
- Adler v. Sheriff, Clark CountyNevada Supreme Court · 1976
- Robison v. First Judicial District CourtNevada Supreme Court · 1957
- State ex rel. Davis v. CoxNebraska Supreme Court · 1920
- Jones v. JonesNevada Supreme Court · 1918
7 more not listed; retrieve them via the Exa API.