State Ex Rel. Humboldt County v. Blossom
Nevada Supreme Court
Original proceeding. Application for writ of mandate. Tbe facts are sufficiently stated in the opinion. Argued orally. (No brief on file.) Tbe board, in tbe allowance or rejection of all claims, act in a judicial capacity, except where the law governing their action has made their duty a ministerial one.
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Original proceeding. Application for writ of mandate. Tbe facts are sufficiently stated in the opinion. Argued orally. (No brief on file.) Tbe board, in tbe allowance or rejection of all claims, act in a judicial capacity, except where the law governing their action has made their duty a ministerial one. (41 Cal. 68; 20 Cal. 72; 55 Cal. 375; Gen. Stats., sec. 1941-1950.) And tbe board, from tbe proceedings shown in tbe return, held that the amount claimed was still an unaudited claim, and that it was subject to such defenses as arose subsequent to its rendition and entry. . Tbe first time…
1Opinion of the Court
By the Court,
Bigelow, J.:
In an action brought by Lander county against Humboldt county in the district court of Elko county, judgment was entered in favor of the defendant for costs. Upon appeal to this court by Lander county this judgment was affirmed. Humboldt county then presented to the defendants, as the board of commissioners of Lander county, a claim for the costs as entered up in the judgment in the former action, which they rejected. This proceeding is brought to compel them to approve the same as a legal claim against Lander county.
No execution can issue in this state against the…
2Cases cited5 opinions
- Wood v. StrotherCalifornia Supreme Court · 1888
- Clark v. DunnamCalifornia Supreme Court · 1873
- State ex rel. Keane v. MurphyNevada Supreme Court · 1885
- Alden v. County of AlamedaCalifornia Supreme Court · 1872
- Irwin v. NuckollsNebraska Supreme Court · 1872
3Cited by18 opinions
- Stephens v. JonesSouth Dakota Supreme Court · 1909
- State Ex Rel. Office Specialty Manufacturing Co. v. CurlerNevada Supreme Court · 1902
- Chemung Mining Co. v. HanleyIdaho Supreme Court · 1904
- Gamble v. HanchettNevada Supreme Court · 1912
- Ward v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1915
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