Marymont v. Nevada State Banking Board
Nevada Supreme Court
Original proceeding. Application by J. Marymont for writ of mandate against the Nevada State Banking Board and another. The facts sufficiently appear in the opinion. The entire section in question is absolutely unconstitutional, and is in direct conflict with the federal and state constitutions.
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Original proceeding. Application by J. Marymont for writ of mandate against the Nevada State Banking Board and another. The facts sufficiently appear in the opinion. The entire section in question is absolutely unconstitutional, and is in direct conflict with the federal and state constitutions. First — It attempts to deprive citizens, now engaged in the banking business, of their property without due process of law, and Second — It attempts to restrict the citizen in his right to acquire, possess and protect property. (Const. Nev., art. 1, secs. 1, 8; U. S. Const., 14th amendment; sec. 1;…
1Opinion of the Court
By the Court,
Talbot, J.:
Petitioner asks for a writ directing the state banking board to issue a license permitting him to engage as an individual in the banking business. The question presented is whether ordinary banking by individuals may be prohibited by statutory enactment, while corporations are allowed and authorized to conduct this business.
In the act of March 24, 1909 (Stats. 1908-09, c. 191), section 2 provides that: "It shall be unlawful for any corporation, partnership, firm, or individual to engage in or transact a banking business within this state on and after the taking effect…
2Cases cited32 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Lochner v. New YorkSupreme Court of the United States · 1905
- Lawton v. SteeleSupreme Court of the United States · 1894
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
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3Cited by4 opinions
- State Ex Rel. Davis v. RoseSupreme Court of Florida · 1929
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- Gilchrist Drug Co. v. City of BirminghamSupreme Court of Alabama · 1937
- State ex rel. Sparks v. State Bank & Trust Co.Nevada Supreme Court · 1914