Legal Opinion

People v. Town of Nevada

California Supreme Court

Decided July 1, 1856PublishedCited by 17 opinions

Writ or Error to the District Court of the Fourteenth Judicial District, County of Nevada. Proceeding, in the nature of a quo warranto, on the relation of J. R McConnell, Attorney General, against the town of Nevada, for the usurpation of the franchises and privileges of a corporation.

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Writ or Error to the District Court of the Fourteenth Judicial District, County of Nevada. Proceeding, in the nature of a quo warranto, on the relation of J. R McConnell, Attorney General, against the town of Nevada, for the usurpation of the franchises and privileges of a corporation. The defence sets up that the defendant was duly incorporated by the County Court, in pursuance of the provisions of the Act of March 27, 1850. The District Court entered judgment for the defendant. A writ of error was issued, on application of plaintiff.

1Opinion of the Court

The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Terry concurred.

The only question involved in this case is, whether the Act of March 27, 1850, so far as it confers upon the County Court the power of incorporating town governments, is constitutional. The jurisdiction of the County Court has been so often reviewed, that this Court will not be deemed impatient in simply announcing certain principles already declared by its previous decisions. First, the performance of certain legislative functions being confided to, or imposed by the Constitution upon the…

2Cited by17 opinions

  1. In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
  2. People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
  3. Territory of Washington ex rel. Kelly v. StewartWashington Supreme Court · 1890
  4. Ford v. Town of North Des MoinesSupreme Court of Iowa · 1890
  5. In Re City of PhoenixArizona Supreme Court · 1938

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