Gibson v. Mason
Nevada Supreme Court
Appeal from tbe District Court of the Second Judicial District, Ormsby County. The defendants in this action were H. E. Rice, S. E. Jones, and A. B. Driesbach, as and composing the Board of County Commissioners, and H. S. Mason, County Treasurer and ex officio Tax Collector of Ormsby County. The Treasurer and County Commissioners took separate appeals from the orders allowing and refusing to dissolve the injunctions against them respectively.
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Appeal from tbe District Court of the Second Judicial District, Ormsby County. The defendants in this action were H. E. Rice, S. E. Jones, and A. B. Driesbach, as and composing the Board of County Commissioners, and H. S. Mason, County Treasurer and ex officio Tax Collector of Ormsby County. The Treasurer and County Commissioners took separate appeals from the orders allowing and refusing to dissolve the injunctions against them respectively. The following opinion was written on the appeal of the Treasurer, but, as will be seen, it covers the appeal of the Commissioners also. I. The…
1Opinion of the Court
By the Court,
Lewis, 0. J.:
This appeal is taken from an order granting an injunction against the defendant, whereby he is restrained from collecting a certain tax levied by the Commissioners of Ormsby County in pursuance of authority conferred by an Act of the Legislature, approved January 27th, a.d. 1869.
It is attempted here to sustain the action of the Court below upon the grounds: 1st, that the Act authorizing the tax in question is unconstitutional and void; and 2d, that under the terms of the law itself, the tax is.prematurely levied. The Act directing the levy of this tax also authorizes…
2Cases cited13 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Fletcher v. PeckSupreme Court of the United States · 1810
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
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3Cited by37 opinions
- Petersen v. BruenNevada Supreme Court · 1990
- Weight v. CunninghamTennessee Supreme Court · 1905
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- State ex rel. Board of Commissioners v. ClausenWashington Supreme Court · 1917
- Thomas v. StateNevada Supreme Court · 1972
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