State ex rel. Beatty v. Rhodes
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Hon. C. N. Harris, Judge of the Third Judicial District, presiding.
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Appeal from the District Court of the Second Judicial District, Hon. C. N. Harris, Judge of the Third Judicial District, presiding. The relator’s petition for mandamus was as follows: “ H. O. Beatty, of said county, being duly sworn, says that at the general election held in and for the State of Nevada, on the first Tuesday next after the first Monday in November, a.d. 1864, being the eighth day of said month, he was duly elected one of the Justices of the Supreme Court of said State; that afterwards, to wit: on the day of in said year, it was duly determined by lot, in accordance with the…
1Opinion of the Court
Opinion by
Lewis, J., Johnson, J.,
concurring.
Upon the first argument of this case I confess I was fully of the opinion that the writ ought to issue, but after further and more mature consideration, I am satisfied my first conclusion was incorrect. Nor do I hesitate to say that I entered upon the examination of the case with a desire to grant the peremptory writ, if it could be done upon correct legal principles; because we all know it was the general understanding, not only among the first State officers, but among the people at large, that the salaries of such officers would be payable in…
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