Legal Opinion

City of Reno v. Stoddard

Nevada Supreme Court

Decided July 15, 1917No. 2293PublishedCited by 7 opinions

Original proceeding in mandamus by the City of Reno against C. H. Stoddard, as ex officio City Auditor, and D. W. Dunkle, as ex officio City Treasurer, of the City of Reno. In one or two cases where the legislature has authorized the transfer of money raised by taxation from one fund to another, and the courts have held against the transfer, it will be'found upon investigation that there was a constitutional prohibition against such procedure.

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Original proceeding in mandamus by the City of Reno against C. H. Stoddard, as ex officio City Auditor, and D. W. Dunkle, as ex officio City Treasurer, of the City of Reno. In one or two cases where the legislature has authorized the transfer of money raised by taxation from one fund to another, and the courts have held against the transfer, it will be'found upon investigation that there was a constitutional prohibition against such procedure. The fact that the constitutional provision is necessary to prevent the legislature from so acting indicates strongly that in the absence of such a…

1Opinion of the Court

By the Court,

SANDERS, J.:

The city of Reno petitions this court for a writ of mandamus to compel C. H. Stoddard, as ex officio auditor of said city, and D. W. Dunkle, as ex officio treasurer thereof, to forthwith transfer all moneys held in a special fund to provide a sewage-disposal plant or system for the said city to the general fund of said city. The facts are as follows:

The legislature in 1915 (Stats. 1915, p. 256) amended subdivision .3 of section 10 of article 12 of the charter of the city of Reno. Section 5 of the amendatory act declares:

That section 10 of article 12, with other…

2Cases cited11 opinions

  1. Board of Comm'rs of Tippecanoe Cty. v. LucasSupreme Court of the United States · 1876
  2. People ex rel. City of Springfield v. PowerIllinois Supreme Court · 1860
  3. Somers v. CommonwealthSupreme Court of Virginia · 1899
  4. City of Fargo v. RossNorth Dakota Supreme Court · 1903
  5. Mudgett v. LiebesWashington Supreme Court · 1896

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. McKay v. Board of Sup'rs of Carson CityNevada Supreme Court · 1986
  2. Cannon v. TaylorNevada Supreme Court · 1971
  3. Shamberger v. FerrariNevada Supreme Court · 1957
  4. State ex rel. City of Reno v. Reno Traction Co.Nevada Supreme Court · 1918
  5. Cannon v. TaylorNevada Supreme Court · 1971

2 more not listed; retrieve them via the Exa API.

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