Legal Opinion

Lund v. Washoe County

Nevada Supreme Court

Decided April 15, 1909No. 1767Published

Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; W. S. A. Pike, Judge. Action by S. Lund against Washoe County. From a judgment in favor of plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. In Sadler v. Eureka County, 15 Nev. 42, the court said: "The powers of the commissioners and the mode of exercising them, being derived from the statute, must necessarily depend upon its true construction.

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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; W. S. A. Pike, Judge. Action by S. Lund against Washoe County. From a judgment in favor of plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. In Sadler v. Eureka County, 15 Nev. 42, the court said: "The powers of the commissioners and the mode of exercising them, being derived from the statute, must necessarily depend upon its true construction. The restrictive provisions of the statute were evidently inserted for the protection and benefit of the public, and were…

1Opinion of the Court

By the Court,

Talbot, J.:

This appeal is from a judgment, and is based on the judgment roll. The only contention of the appellant is that the complaint, which contains the following allegations, does not state a cause of action:

" (2) On or about the 14th day of August, 1907, the parties, plaintiff and defendant, made and entered into a valid written contract, whereby, for a valuable consideration therein named, the plaintiff undertook and agreed to erect, build, and finish certain piers and abutments on a certain public bridge in the said county known as Mayberry bridge, and to do similar work…

2Cases cited7 opinions

  1. Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
  2. Springfield Milling Co. v. Lane CountyOregon Supreme Court · 1874
  3. Brady v. Mayor of New YorkThe Superior Court of New York City · 1867
  4. Sadler v. Board of County CommissionersNevada Supreme Court · 1880
  5. Jos. Schlitz Brewing Co. v. GrimmonNevada Supreme Court · 1905

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