Legal Opinion

State Ex Rel. Hardin v. Sadler

Nevada Supreme Court

Decided January 5, 1897No. 1488PublishedCited by 10 opinions

Original proceeding. Application by the State, on the relation of C. H. E. Hardin, for mandamus to Reinhold Sadler, Lieutenant and Acting Governor of the State of Nevada. The facts appear in the opinion. I. The fact that the powers and duties of the office of governor, under the constitution, devolved upon respondent at the time of Governor Jones’ death, on April 10, 1896, did not thereby create or tend to create any vacancy in the office of lieutenant-governor.

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Original proceeding. Application by the State, on the relation of C. H. E. Hardin, for mandamus to Reinhold Sadler, Lieutenant and Acting Governor of the State of Nevada. The facts appear in the opinion. I. The fact that the powers and duties of the office of governor, under the constitution, devolved upon respondent at the time of Governor Jones’ death, on April 10, 1896, did not thereby create or tend to create any vacancy in the office of lieutenant-governor. The vacancy created by the death of Governor Jones was in the office of governor, not in that of lieutenant-governor, and this…

1Opinion of the Court

By the Court,

Belknap, C. J.:

This is an application for a writ of mandamus requiring respondent to commission relator as lieutenant-governor of the state. The petition, among other things, alleges that the Honorable John E. Jones, the duly elected governor of the state, died upon the 10th day of April, 1896; that thereupon the powers and duties of the office of governor devolved upon respondent, the lieutenant-governor, who is now the acting governor of the state; that at the last general election relator was the candidate of the Silver party and of the Democratic party for the office of…

2Cases cited1 opinion

  1. People ex rel. Lynch v. BuddCalifornia Supreme Court · 1896

3Cited by10 opinions

  1. State ex rel. Chatterton v. GrantWyoming Supreme Court · 1903
  2. Futrell v. OldhamSupreme Court of Arkansas · 1913
  3. State ex rel. Martin v. EkernWisconsin Supreme Court · 1938
  4. Mayer v. D'ORTONASupreme Court of Pennsylvania · 1962
  5. Olcott v. HoffOregon Supreme Court · 1919

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