Dayton Gold & Silver Mining Co. v. Seawell
Nevada Supreme Court
Original application, before the Supreme Court for a writ of peremptory mandamus. The facts are stated in the opinion. I. The proceedings provided by the statute in question are identical with those held to be constitutional for the exercise of eminent domain and taxation in case of railroads in this state. {Gibson v. Mason, 5 Nev. 282; Elliot v. V& T. JR. II.
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Original application, before the Supreme Court for a writ of peremptory mandamus. The facts are stated in the opinion. I. The proceedings provided by the statute in question are identical with those held to be constitutional for the exercise of eminent domain and taxation in case of railroads in this state. {Gibson v. Mason, 5 Nev. 282; Elliot v. V& T. JR. II. Co., Id. 358; V. & T. R. R. Go. v. Henry, 8 Id. 165.) The method then being correct, the only question is as to the right. It is generally conceded that private property may not be taken by legislative action for private purposes; in…
1Opinion of the Court
By the Court,
Hawley, C. J.:
The petitioner applies for a writ of mandamus to compel the respondent, as district judge of the third judicial district, to forthwith proceed to hear a certain petition by it filed and presented under the provisions of the statute of this state entitled: “An act to encourage the mining, milling, .smelting, or other reduction of ores in the State of Nevada” (approved.March 1, 1875), wherein it is, among other things, alleged that petitioner desires to acquire a strip of land in possession of, and claimed by, one James "Waddell; that it is necessary for petitioner to…
2Cases cited11 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Bankhead v. BrownSupreme Court of Iowa · 1868
- In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
- Olmstead v. CampSupreme Court of Connecticut · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Kelo v. City of New LondonSupreme Court of the United States · 2005
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Healy Lumber Co. v. MorrisWashington Supreme Court · 1903
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Haesloop v. City CouncilSupreme Court of South Carolina · 1923
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