State ex rel. McGuire v. Waterman
Nevada Supreme Court
'Appeal from the District Court of the Sixth Judicial District, Lander County. I. To authorize the issuance of mandamus, it must appear that defendant yet has it in his power to perform the duty required of him. (12 Barb. 217; 15 Barb. 607; 24 Barb. 166.; 11 How. Pr. 89 ; 7 Abb. Pr. 34.) II. The writ will not issue where it would be unavailing from want of power in the defendant to comply. (12 Barb. 217 ; 15 Barb. 607 ; 24 Barb. 166 ; 11 How. Pr. 89 ; 18 How.
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'Appeal from the District Court of the Sixth Judicial District, Lander County. I. To authorize the issuance of mandamus, it must appear that defendant yet has it in his power to perform the duty required of him. (12 Barb. 217; 15 Barb. 607; 24 Barb. 166.; 11 How. Pr. 89 ; 7 Abb. Pr. 34.) II. The writ will not issue where it would be unavailing from want of power in the defendant to comply. (12 Barb. 217 ; 15 Barb. 607 ; 24 Barb. 166 ; 11 How. Pr. 89 ; 18 How. Pr. 305 ; 4 Abb. Pr. 84; 28 Cal. 429.) III. The writ will not be allowed in cases where corporations and ministerial and other officers…
1Opinion of the Court
By the Court,
JOHNSON, J.:
The controversy in this case grows out of certain proceedings had under “An Act to Create the County of Elko, and to Provide for the Organization thereof,” approved March 5th, 1869, (Stats. 1869, 153) wherein the immediate organization of said county was conditional upon there being registered more than one thousand legal voters therein, previous to the twentieth of May, 1869. It appears that Thomas A. Waterman was duly appointed and qualified as one of the Registry Agents, authorized by section three of said Act; and that within the periods prescribed therein, he…
2Cases cited3 opinions
- People v. DavisNew York Supreme Court · 1836
- People ex rel. Barron v. Monroe Oyer & TerminerNew York Supreme Court · 1838
- Allen v. ForshayNew York Supreme Court · 1834
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