Legal Opinion

State ex rel. Fall v. County Commissioners

Nevada Supreme Court

Decided April 15, 1870PublishedCited by 9 opinions

Appeal from tbe District Court of the Fifth Judicial District, Humboldt County. This was a certiorari issued out of the Court below, on the petition of John C. Fall, Thomas J. Hadley, and Joseph Branham. The board of county commissioners of Humboldt County at the time consisted of Robert McBeth, Thomas Thompson, and Henry G. Cavin. After consideration, the Court found in favor of the commissioners, and the petitioners then appealed.

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Appeal from tbe District Court of the Fifth Judicial District, Humboldt County. This was a certiorari issued out of the Court below, on the petition of John C. Fall, Thomas J. Hadley, and Joseph Branham. The board of county commissioners of Humboldt County at the time consisted of Robert McBeth, Thomas Thompson, and Henry G. Cavin. After consideration, the Court found in favor of the commissioners, and the petitioners then appealed. The commissioners had no power or authority to take any action in the premises, if the petitioners were not legal voters. The only evidence adduced that they were…

1Opinion of the Court

By the Court,

Lewis, C. J. :

“ Section 1. When any number of legal voters of any county in this State equal to three-fifths of the whole number of votes cast at the last general election in said county, shall petition the board of county commissioners of such county for the removal or location of the seat of justice, the county commissioners shall within fifty days thereafter cause an election to be held at the various places of voting in said county ; said commissioners giving thirty days notice in some newspaper published in the county, or by posting written or printed notices at the several…

2Cases cited2 opinions

  1. People ex rel. Whitney v. Board of Delegates of San Francisco Fire DepartmentCalifornia Supreme Court · 1860
  2. Mullins v. . the PeopleNew York Court of Appeals · 1862

3Cited by9 opinions

  1. Phillips v. WelchNevada Supreme Court · 1877
  2. State ex rel. Richardson v. Board of RegentsNevada Supreme Court · 1953
  3. State Ex Rel. Kassabian v. Board of Medical Examiners of NevadaNevada Supreme Court · 1951
  4. Kapp v. District Court of the Seventh Judicial DistrictNevada Supreme Court · 1909
  5. State ex rel. Buck v. Board of County CommissionersMontana Supreme Court · 1898

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