Legal Opinion

State ex rel. Board of County Commissioners v. Kirman

Nevada Supreme Court

Decided January 15, 1883No. 1078PublishedCited by 2 opinions

Appeal from the District Court of the First Judicial District, Storey County. The facts are sufficiently stated in the opinion.

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Appeal from the District Court of the First Judicial District, Storey County. The facts are sufficiently stated in the opinion. I. It is no defense to this proceeding to say that Kirman’s term of office had expired before the proceeding was instituted, because his term of office expired at the same time when, by the commands of the statute, he should have presented the treasurer’s quarterly report for the last quarter year of the year 1880; and, under the rule laid down by this court in' Sicote v. Gracey, 11 Nev. 223, the petition for a writ of mandate would not be sustained in this case…

1Opinion of the Court

By the Court,

Hawley, C. J.:

This is an appeal from an order of the district court denying an application for a writ of mandamus to compel the respondent, the ex-treasurer of Storey county, to make a joint statement with the county auditor to the board of county com*381missioners for the quarter year ending December 31, 1880, in compliance with the requirements of section 73 of the revenue act. (2 Comp. L. 3195.)

Respondent was appointed treasurer of Storey county on the sixth day of November, 1880, and served as such, until the third day of January, 1881, and, at the close of his term, made a…

2Cases cited6 opinions

  1. People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
  2. People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
  3. People ex rel. Barron v. Monroe Oyer & TerminerNew York Supreme Court · 1838
  4. People ex. rel. Argyle & Fort Edward Plank Road Co. v. Commissioners of HighwaysNew York Supreme Court · 1854
  5. State ex rel. Carpenter v. Supervisors of BeloitWisconsin Supreme Court · 1866

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3Cited by2 opinions

  1. Doolittle v. EckertIdaho Supreme Court · 1933
  2. State ex rel. Haviland v. BonnifieldNevada Supreme Court · 1914

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