Legal Opinion

Morgan v. Board of County Commissioners

Nevada Supreme Court

Decided July 15, 1874PublishedCited by 3 opinions

Appeal from th« District Court of tbe Sixth Judicial District, Eureka County. Tbe plaintiff applied to tbe court below for a writ of certiorari, requiring D. H. Hall, E. E. Phillips, and L. W. Cromer, composing tbe board of county commissioners of Eureka County, to certify up tbe record of tbeir proceedings in relation to tbe town of Eureka, iu said county, and praying that such proceedings might be annulled and declared invalid.

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Appeal from th« District Court of tbe Sixth Judicial District, Eureka County. Tbe plaintiff applied to tbe court below for a writ of certiorari, requiring D. H. Hall, E. E. Phillips, and L. W. Cromer, composing tbe board of county commissioners of Eureka County, to certify up tbe record of tbeir proceedings in relation to tbe town of Eureka, iu said county, and praying that such proceedings might be annulled and declared invalid. He set forth tbe filing of a petition on December 2, 1873, asking for tbe application to tlie town of Eureka of tbe provisions of tbe act of tbe legislature of…

1Opinion of the Court

By the Court,

Hawley, J.:

The act providing for the government of the towns and cities of this State, approved February 21, 1873, provides that before any of the powers or jurisdiction conferred by the act can be exercised, “there shall have been filed in the clerk’s office of the county in which the same is situated a written petition for the application of the provisions of this act to said town or city, signed by a majority of the actual residents of such town or city, representing at least three-fifths of the taxable property. The genuineness of all sig*367natures to such petition, and the…

2Cases cited5 opinions

  1. Cadwell v. ColgateNew York Supreme Court · 1849
  2. State v. O'FlahertyNevada Supreme Court · 1871
  3. Mosher v. People ex rel. ChildNew York Supreme Court · 1849
  4. Hetzel v. Board of County CommissionersNevada Supreme Court · 1873
  5. Hellman v. FowlerSupreme Court of Arkansas · 1866

3Cited by3 opinions

  1. State ex rel. Richardson v. Board of RegentsNevada Supreme Court · 1953
  2. Calyon v. StateCourt of Criminal Appeals of Texas · 1915
  3. State ex rel. Twaddle v. Board of County CommissionersNevada Supreme Court · 1877

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