Gaston v. Drake
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey Oounty. The facts are stated in the opinion. I. The contract between plaintiff and defendant is opposed to public policy, in contravention of the election law of this state, and wholly void. The salary of an office of trust, or of an office concerning the administration of justice, are not the subject of sale; such sale is opposed to public policy and void at the common law.
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Appeal from the District Court of the First Judicial District, Storey Oounty. The facts are stated in the opinion. I. The contract between plaintiff and defendant is opposed to public policy, in contravention of the election law of this state, and wholly void. The salary of an office of trust, or of an office concerning the administration of justice, are not the subject of sale; such sale is opposed to public policy and void at the common law. (Wells v. Foster, 8 M. & W. 148; Palmer v. Bate, 2B&B. 673; E. 0. L. B. vol. 6; Flarity v. Odium, 3 T. B. 681; Lidderdale v. Duke of Montrose, 4 T. B.…
1Opinion of the Court
By the Court,
Leonard, J.:
It is alleged in the complaint that plaintiff and defendant, on or about February 3, 1876, formed and entered into a copartnership to practice law in Storey county and state of Nevada; that by the terms of the contract of partnership, each was to share equally, share and share alike, in all the labors of practice, and in the fees and profits arising therefrom ; that in the fall of 187 6, by and with the advice and consent of plaintiff, defendant became a candidate for the office of district attorney of Storey county; that it Avas agreed between plaintiff and defendant…
2Cases cited8 opinions
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
- Hatzfield v. GuldenSupreme Court of Pennsylvania · 1838
- Powers v. SkinnerSupreme Court of Vermont · 1861
- McCausland v. RalstonNevada Supreme Court · 1877
- Nichols v. MudgettSupreme Court of Vermont · 1860
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3Cited by8 opinions
- Guy v. StateNevada Supreme Court · 1992
- Sheldon v. PruessnerSupreme Court of Kansas · 1894
- Sheriff, Clark County v. HanksNevada Supreme Court · 1975
- Drexler v. TyrrellNevada Supreme Court · 1880
- Schneider v. Local Union No. 60, United Ass'n Journeymen PlumbersSupreme Court of Louisiana · 1905
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