Legal Opinion

State Ex Rel. Kitzmeyer v. Davis

Nevada Supreme Court

Decided April 5, 1902No. 1626PublishedCited by 45 opinions

Original application for writ of mandamus by Tbe State, on tbe relation of George E. Kitzmeyer, against S. P. Davis, State Controller. Tbe facts sufficiently appear in tbe opinion. I. Tbe supreme court under tbe statutes of tbis state bad authority to make tbe order referred to, and the purchase price of the chairs must be paid out of tbe public treasury. II.

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Original application for writ of mandamus by Tbe State, on tbe relation of George E. Kitzmeyer, against S. P. Davis, State Controller. Tbe facts sufficiently appear in tbe opinion. I. Tbe supreme court under tbe statutes of tbis state bad authority to make tbe order referred to, and the purchase price of the chairs must be paid out of tbe public treasury. II. It is tbe duty of tbe state controller, by virtue of bis office, to draw his warrant upon tbe state treasury for tbe amount of said bill as allowed by tbe majority of tbe state board of examiners. III. The state controller, in bis…

1Per curiam

The relator brings mandamus to compel the respondent to draw a warrant upon the contingent fund on account of certain chairs and carpet furnished the supreme court room upon the order of the court.

This court, as a matter of courtesy, having considered and determined of its own motion that the articles named were necessary, directed its clerk to request the board of capitol commissioners to purchase the same. This request was refused, whereupon the court directed its bailiff, the sheriff of this county, to purchase and place in the court room the articles required. In obedience to said order…

2Cases cited3 opinions

  1. Board of Commissioners v. GwinIndiana Supreme Court · 1894
  2. In re Appointment & Removal of the Janitor of the Supreme CourtWisconsin Supreme Court · 1874
  3. Board of Commissioners v. StoutIndiana Supreme Court · 1893

3Cited by45 opinions

  1. Eichelberger v. EichelbergerTexas Supreme Court · 1979
  2. COM. Ex Rel. CARROLL v. TATESupreme Court of Pennsylvania · 1971
  3. Galloway v. TruesdellNevada Supreme Court · 1967
  4. Commonwealth ex rel. Carroll v. TateSupreme Court of Pennsylvania · 1971
  5. O'Coin's, Inc. v. Treasurer of the County of WorcesterMassachusetts Supreme Judicial Court · 1972

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