Legal Opinion

State ex rel. Davis v. Eggers

Nevada Supreme Court

Decided October 15, 1907No. 1728PublishedCited by 35 opinions

Original proceeding. Petition for mandamus by The State of Nevada, on the relation of Sam P. Davis, against J. Eggers, State Controller of the State of Nevada. On demurrer to the petition. The facts sufficiently appear in the opinion. I. Section 19 of article IY of the Constitution of the State of Nevada provides: "No money shall be drawn from the treasury but in consequence of appropriations made by law.”

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Original proceeding. Petition for mandamus by The State of Nevada, on the relation of Sam P. Davis, against J. Eggers, State Controller of the State of Nevada. On demurrer to the petition. The facts sufficiently appear in the opinion. I. Section 19 of article IY of the Constitution of the State of Nevada provides: "No money shall be drawn from the treasury but in consequence of appropriations made by law.” The question has been before the courts in a number of the states as to what language will constitute an appropriation, and it has been invariably decided that no particular form of words…

1Opinion of the Court

By the Court,

Talbot, C. J.:

Under an act approved March 29, 1907, entitled "An act creating and establishing a state industrial and publicity commission, prescribing their duties and compensation, providing funds to be used for the accomplishment of their objects, and other matters relating thereto” (Stats. 1907, p. 408, c. 185), the petitioner was appointed chairman of the commission designated. Section 3 (page 409) of the act is as follows: " The chairman of such commission shall receive, as compensation for his services, to be paid out of the treasury of the State of Nevada, the sum of…

2Cases cited15 opinions

  1. People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
  2. Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
  3. Thomas v. OwensCourt of Appeals of Maryland · 1853
  4. Ristine v. State ex rel. Board of Commissioners of the Sinking FundIndiana Supreme Court · 1863
  5. Humbert v. DunnCalifornia Supreme Court · 1890

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3Cited by35 opinions

  1. Crane v. FrohmillerArizona Supreme Court · 1935
  2. Atkins v. State Highway DepartmentCourt of Appeals of Texas · 1918
  3. Crawford v. HuntArizona Supreme Court · 1932
  4. State ex rel. Turner v. HendersonSupreme Court of Alabama · 1917
  5. Tillotson v. FrohmillerArizona Supreme Court · 1928

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