State Ex Rel. Brennan v. Bowman

Assuming that a real controversy exists between the county commissioners and the county clerk — an assumption somewhat difficult to sustain — I can concur in the result of the majority opinion. However, I must note disapproval of this court larding its opinions with unnecessary constitutional dicta, discussing issues because attorneys desire it, and not because the case requires it.

I had misgivings about the excess language in State ex rel. Brennan v. Bowman, 88 Nev. 582, 503 P.2d 454 (1972). In that mandamus proceeding as in this one, it was unnecessary to decide any of the constitutional…