Brown v. Davis
Nevada Supreme Court
Appeal from tbe District Court of tbe Seventh Judicial District, State for Nevada, Lander County, Hon. "W. H. Beatty presiding. Tbe defendant, E. S. Davis, was duly elected County Becorder for tbe County of Lander on tbe 8th day of November, A. D. 1864, and entered upon tbe discharge of bis duties on tbe 2d day of January, A. D. 1865. On tbe same day be duly qualified as Auditor of Lander County, which office be claimed to exercise by virtue of being Becorder.
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Appeal from tbe District Court of tbe Seventh Judicial District, State for Nevada, Lander County, Hon. "W. H. Beatty presiding. Tbe defendant, E. S. Davis, was duly elected County Becorder for tbe County of Lander on tbe 8th day of November, A. D. 1864, and entered upon tbe discharge of bis duties on tbe 2d day of January, A. D. 1865. On tbe same day be duly qualified as Auditor of Lander County, which office be claimed to exercise by virtue of being Becorder. He received tbe books and papers of tbe Auditor’s office, and discharged its duties up to tbe time of tbe bringing of this action. The…
1Concurrence
Opinion by
Lewis, C. J., Beatty and BeosNAN
concurring.
In the case of Vesey v. Hermann this Court held that the Recorders who, under Section 32 of Article IV. of the Constitution, become ex officio County Auditors, are those only who are elected under a legislative enactment passed after the adoption of the Constitution; that the Constitution clearly has reference only to Becorders elected by virtue of some law passed after its adoption. This is unquestionably the strict and grammatical construction of the section referred to. It declares that the Legislature shall provide for the election of…
2Cited by5 opinions
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