Esmeralda County v. Third Judicial District Court

By the Court,

Hawley, C. J.:

Petitioner claims that the act annexing a portion of Esmeralda county to Lyon county (Stat. 1883, 99) is unconstitutional in this : that it imposes duties upon the district judge, (section 6,) that are not judicial in their nature, in contravention of article III of the state constitution ; that, inasmuch as the boards of county commissioners failed to act within the time prescribed by section 2, the entire pro*439visions of the act are absolutely null and void. Respondents contend that if the acts conferred upon the district judge by the sixth section are not judicial…