State Ex Rel. MacK v. Torreyson
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county. Richard Rising, District Judge. The facts sufficiently appear in the opinion. I. The act of March 19, 1891, under and by virtue of which respondent claims to be a regent of the State University, is unconstitutional. It is in direct contravention of section 7 of article XI of the constitution. II.
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Appeal from the District Court of the State of Nevada, Ormsby county. Richard Rising, District Judge. The facts sufficiently appear in the opinion. I. The act of March 19, 1891, under and by virtue of which respondent claims to be a regent of the State University, is unconstitutional. It is in direct contravention of section 7 of article XI of the constitution. II. The office of regent of the State University is a constitutional office and cannot be legally filled in any other mode than that prescribed by the constitution itself. The word “ elected” as used in section 7 of article XI of the…
1Opinion of the Court
By the Court,
Murphy, C. J.:
This was a proceeding begun in the district court, in the nature of a quo warranto, to try the validity of respondent's claim or right to act as a member of the board of regents of the state university.
It is set forth in the petition that the respondent is now and ever since the month of January, 1891, has been the duly elected, qualified and acting attorney general of the state of Nevada. That since the 19th day of March, 1891, said respondent as such attorney general, and by virtue of such office claims to be a regent of the state university, under and by virtue…
2Cases cited3 opinions
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- Louisville, New Orleans & Texas Railway Co. v. MississippiSupreme Court of the United States · 1890
- State ex rel. Perry v. ArringtonNevada Supreme Court · 1884
3Cited by5 opinions
- Southern Pac. Co. v. BartineU.S. Circuit Court for the District of Nevada · 1909
- King v. Board of Regents of the University of NevadaNevada Supreme Court · 1948
- Schaffner v. ShawSupreme Court of Iowa · 1920
- State ex rel. Holland v. City of RenoNevada Supreme Court · 1953
- State v. ElwellNevada Supreme Court · 1957