State Ex Rel. Pyne v. LaGrave
Nevada Supreme Court
Original proceeding. Application by the State, on the relation of George D. Pyne, against C. A. LaGrave, State Controller, requiring him to draw his warrant in favor of relator, as secretary of Company B, First Regiment, Nevada National Guard, for rent of an armory for the company. The facts appear in the opinion. * I. Section 11, Statutes of 1895, p. 109, is, if anything, an appropriation.
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Original proceeding. Application by the State, on the relation of George D. Pyne, against C. A. LaGrave, State Controller, requiring him to draw his warrant in favor of relator, as secretary of Company B, First Regiment, Nevada National Guard, for rent of an armory for the company. The facts appear in the opinion. * I. Section 11, Statutes of 1895, p. 109, is, if anything, an appropriation. It shows the intention of the legislature, that money shall be paid, for a certain purpose, within a certain amount, when, how, by whom and, as far as requisite, the fund from which it shall be paid.…
1Opinion of the Court
By the Court,
Belknap, J.:
A former application for mandamus was dismissed upon the ground of insufficiency of the petition (22 Nev. 417).
The application has been renewed upon a corrected statement.
The question now is whether an appropriation of the public funds has been made. It is claimed that it is made by-section 11 of the act of 1895, as follows:
“Section 11. It shall be the duty of the board of county commissioners of any county in which public arms, accouterments or military stores are now had, or shall hereafter be received, for the use of any volunteer organized militia company, to…
2Cases cited6 opinions
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Ristine v. State ex rel. Board of Commissioners of the Sinking FundIndiana Supreme Court · 1863
- Reynolds v. TaylorSupreme Court of Alabama · 1869
- Stratton v. GreenCalifornia Supreme Court · 1872
- Crosby v. PatchCalifornia Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- State ex rel. Finnegan v. DammannWisconsin Supreme Court · 1936
- State Ex Rel. Kleczka v. ContaWisconsin Supreme Court · 1978
- State ex rel. Davis v. EggersNevada Supreme Court · 1907
- Atkins v. State Highway DepartmentCourt of Appeals of Texas · 1918
18 more not listed; retrieve them via the Exa API.