Legal Opinion

O'Brien v. Trousdale

Nevada Supreme Court

Decided October 15, 1917No. 2276PublishedCited by 14 opinions

Original proceeding in prohibition by Steve O’Brien and others against A. F. Trousdale and others, comprising the Board of County Commissioners of Humboldt County, and S. G. Lamb, Sheriff. The state constitution gives the supreme court jurisdiction to issue writs of prohibition to inferior tribunals. In regulating this power, the legislature has granted the court jurisdiction over inferior tribunals, and specifically names "ministerial” boards.

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Original proceeding in prohibition by Steve O’Brien and others against A. F. Trousdale and others, comprising the Board of County Commissioners of Humboldt County, and S. G. Lamb, Sheriff. The state constitution gives the supreme court jurisdiction to issue writs of prohibition to inferior tribunals. In regulating this power, the legislature has granted the court jurisdiction over inferior tribunals, and specifically names "ministerial” boards. (Rev. Laws, 5708,5709; Eddy v. Board of Embalmers, 40 Nev. 329.) Petitioners are not attempting to restrain the board of county commissioners from…

1Opinion of the Court

By the Court,

Sanders, J.:

This is a petition addressed to this court by certain persons engaged in the saloon and restaurant business in the town of Lovelock, Humboldt County, Nevada, praying that this court will, in the exercise of its original jurisdiction, issue, its writ of prohibition, restraining and prohibiting the county commissioners of Humboldt County, acting as a town board with reference to the *94affairs and business of the town of Lovelock, and S. G. Lamb, sheriff of said county, from enforcing an ordinance passed by said board requiring licenses for the selling, serving,…

2Cases cited5 opinions

  1. Sherlock v. MayorSupreme Court of Florida · 1879
  2. Haldeman v. DavisWest Virginia Supreme Court · 1886
  3. State ex rel. Haughey v. RyanSupreme Court of Missouri · 1904
  4. Darnell v. VandineWest Virginia Supreme Court · 1908
  5. State ex rel. Selles v. Judge of the Twenty-first Judicial District CourtSupreme Court of Louisiana · 1881

3Cited by14 opinions

  1. Barnes v. Lehi CityUtah Supreme Court · 1929
  2. City of Phoenix v. RodgersArizona Supreme Court · 1934
  3. Hendrich v. Walker River Irrigation DistrictNevada Supreme Court · 1921
  4. Kramer v. StateNevada Supreme Court · 1940
  5. Bowler v. First Judicial District Court of the State of NevadaNevada Supreme Court · 1951

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