Hostetler v. Harris
Nevada Supreme Court
Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by Levi F. Hostetler against J. C. Harris, Sheriff of Elko County. From a judgment for plaintiff and an order denying his motion for a new trial, defendant appeals. The decision of the lower court should be reversed. The amendatory act of the legislature in question is constitutional. The payments made by respondent were voluntary and cannot be recovered back.
Read the full summary
Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by Levi F. Hostetler against J. C. Harris, Sheriff of Elko County. From a judgment for plaintiff and an order denying his motion for a new trial, defendant appeals. The decision of the lower court should be reversed. The amendatory act of the legislature in question is constitutional. The payments made by respondent were voluntary and cannot be recovered back. “The power of the legislature to impose taxes on persons, property, business, and franchises is unlimited, save only by such restrictions as are…
1ConcurrenceSanders, C. J.
I concur in the affirmance of the j udgment in this case solely upon the ground that a state, as an incident of the police power, cannot abridge or impair an implied license, growing out of a custom of over a hundred years, namely, that the public lands of the United States, especially those in which the native grasses are adapted to the growth and fattening of domestic animals, shall be free to the people who seek to use them, when left open and uninclosed. Buford v. Houtz, 133 U. S. 320, 10 Sup. Ct. 305, 33 L. Ed. 618; Richards v. Sanderson, 39 Colo. 270, 89 Pac. 769, 121 Am. St. Rep. 167;…
2Cases cited10 opinions
- Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
- Bacon v. WalkerSupreme Court of the United States · 1907
- Buford v. HoutzSupreme Court of the United States · 1890
- Richards v. SandersonSupreme Court of Colorado · 1907
- State v. WheelerNevada Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.