Wallace v. Mayor of Reno
Nevada Supreme Court
Application of W. L. Wallace for a writ of review and stay of proceedings against the Mayor and City Council of the City of Reno. The facts sufficiently appear in the opinion. I. The attention of the court is called to the fact, that the petition on file states facts sufficient to allege that respondents are a de facto board within the meaning of the law, and as such are exercising its functions, and their acts are therefore liable to review by this honorable court.
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Application of W. L. Wallace for a writ of review and stay of proceedings against the Mayor and City Council of the City of Reno. The facts sufficiently appear in the opinion. I. The attention of the court is called to the fact, that the petition on file states facts sufficient to allege that respondents are a de facto board within the meaning of the law, and as such are exercising its functions, and their acts are therefore liable to review by this honorable court. (Cole v. Kegler, 19 N. W. 843.) II. A de facto officer is one whose acts, though not those of a lawful officer, are valid as far…
1Opinion of the Court
By the Court, Talbot, J. .-
Among other things, the petitioner alleges that on the 15th day of May, 1903, he paid for and received a license from the city of Reno to conduct the business of retail liquor dealer for the period of three months; that on or about the 3d day of last June he received a request from the respondents to attend a meeting on the same evening, and to give them all the information he possessed relative to an alleged charge that he was conducting his business in such a manner as to be a nuisance, or detrimental to public peace or morals; that he complied with this request,…
2Cases cited33 opinions
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Stone v. MississippiSupreme Court of the United States · 1880
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
- Patterson v. KentuckySupreme Court of the United States · 1879
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3Cited by22 opinions
- Darling Apartment Co. v. SpringerSupreme Court of Delaware · 1941
- Ex Parte BoyceNevada Supreme Court · 1904
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- State Board of Equalization v. Superior CourtCalifornia Court of Appeal · 1935
- Hornstein v. Illinois Liquor Control CommissionIllinois Supreme Court · 1952
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