Godchaux v. Carpenter
Nevada Supreme Court
Application for writ of certiorari. I. Section 4, stat. 1877, 142, under which the commissioners proceeded, makes no provision for the payment of compensation to the owner, and is therefore unconstitutional. (Const., art. 1, sec. 8; Cooley, Cons. Lim. 699; Curran v. Shattuch, 24 Cal. 427; Bensley v. Mountain L. W. Co., 13 Cal. 306;1 Trumpler v. Bemerly, 39 Cal. 491.) II. ' The section is also unconstitutional in omitting to provide for notice to the owner of the property.
Read the full summary
Application for writ of certiorari. I. Section 4, stat. 1877, 142, under which the commissioners proceeded, makes no provision for the payment of compensation to the owner, and is therefore unconstitutional. (Const., art. 1, sec. 8; Cooley, Cons. Lim. 699; Curran v. Shattuch, 24 Cal. 427; Bensley v. Mountain L. W. Co., 13 Cal. 306;1 Trumpler v. Bemerly, 39 Cal. 491.) II. ' The section is also unconstitutional in omitting to provide for notice to the owner of the property. (Wright v. Cradlebaugh, 3 Nev. 349; Dayton M. Co. v. Seawell, 11 Nev. 411.) III. The law provides that the commissioners…
1Opinion of the Court
By the Court.
Leonard, C. J.::
This is an application for a writ of certiorari to- reviewthe action of the board of county commissioners' of Humboldt County, in this state, in making the following order, May 5, 1886, to wit: “ The board, having under, consideration the petition of Edward Lyng and other-resident tax-payers of Willow Point road district, praying for the location, opening, and establishing, for public use, of a public road and highway, described in said petition, and situated, in said road district, and evidence having been produced before the board, and heard by it in said…
2Cases cited9 opinions
- Nichols v. City of BridgeportSupreme Court of Connecticut · 1854
- Atkins v. KinnanNew York Supreme Court · 1838
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
- Vance v. ForeCalifornia Supreme Court · 1864
- Kroop v. FormanMichigan Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cirac v. Lander CountyNevada Supreme Court · 1979
- Caton v. FrankNevada Supreme Court · 1935
- Baldassarre v. West Oregon Lumber Co.Oregon Supreme Court · 1952
- State ex rel. Fall v. KelsoNevada Supreme Court · 1922
- State Ex Rel. King v. LothropNevada Supreme Court · 1934
3 more not listed; retrieve them via the Exa API.