Legal Opinion

Bradley v. Esmeralda County

Nevada Supreme Court

Decided October 15, 1909No. 1838PublishedCited by 3 opinions

Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. Action by J. F. Bradley against Esmeralda County. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. The Esmeralda salary act of 1905 does not allow the sheriff, as ex officio license collector, any commissions for the collection of licenses.

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Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. Action by J. F. Bradley against Esmeralda County. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. The Esmeralda salary act of 1905 does not allow the sheriff, as ex officio license collector, any commissions for the collection of licenses. The first and most important question is whether the plaintiff was entitled to reserve and retain, as ex officio license collector of defendant county, six per cent of the amount…

1Opinion of the Court

By the Court,

Norcross, C. J:

This is an action brought by the above-named respondent against the County of Esmeralda to recover a judgment in the sum of $4,565.75. The case was tried by the court without a jury, and a judgment rendered in favor of the plaintiff for the sum of $3,203.65.. From this judgment the defendant county has appealed.

The respondent, at all times mentioned in the complaint, was the sheriff of Esmeralda County, and the only questions involved in the action relate to the compensation which the respondent was legally entitled to by virtue of his office of sheriff and certain…

2Cases cited7 opinions

  1. United States v. DicksonSupreme Court of the United States · 1841
  2. State Ex Rel. Howell v. LaGraveNevada Supreme Court · 1897
  3. State ex rel. Davenport v. LaughtonNevada Supreme Court · 1885
  4. State Ex Rel. Dunkle v. BeardNevada Supreme Court · 1892
  5. United States v. EdwardsU.S. Circuit Court for the District of Illinois · 1839

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State ex rel. Josephs v. DouglassNevada Supreme Court · 1910
  2. Sims v. City of BremertonWashington Supreme Court · 1937
  3. Esmeralda County v. BradleyNevada Supreme Court · 1909

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