Fitch v. Elko County
Nevada Supreme Court
Appeal from the District Court of the Ninth Judicial District, Elko County. The facts are stated in the opinion. The statute of 1871 amended the law of 1866, as well as Sec. 38 of that of 1864-5. The latter named section especially related to fees of officers; the law of 1866 in part to the same thing. The law of 1871 cannot stand if the law of 1866 does. Besides this, the judgment here and the sale of the property took place after the law of 1871 was enacted.
Read the full summary
Appeal from the District Court of the Ninth Judicial District, Elko County. The facts are stated in the opinion. The statute of 1871 amended the law of 1866, as well as Sec. 38 of that of 1864-5. The latter named section especially related to fees of officers; the law of 1866 in part to the same thing. The law of 1871 cannot stand if the law of 1866 does. Besides this, the judgment here and the sale of the property took place after the law of 1871 was enacted. Hence as to questions of costs and fees the law of 1871 must govern. The intent of the legislature is plain from the letter of the…
1Opinion of the Court
By the Court,
Belknap, J.:
Under authority conferred by the twenty-ninth section of the “act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, the district attorney of the County of Elko, on the 30th day of December, 1870, commenced actions in the name of the State of Nevada for the recovery of delinquent taxes assessed against certain real estate and improvements situate in said county, and against the owners thereof. Thereafter judgments were entered against the defendants and executions issued, and on the sixth day of April succeeding the…
2Cases cited2 opinions
- Salmon v. BennettSupreme Court of Connecticut · 1816
- Prince v. United StatesU.S. Circuit Court for the District of Massachusetts · 1814
3Cited by5 opinions
- Odd Fellows Savings & Commercial Bank v. QuillenNevada Supreme Court · 1876
- Rice v. WadkinsNevada Supreme Court · 1976
- Clark County School District v. BeebeNevada Supreme Court · 1975
- Shepley v. WardenNevada Supreme Court · 1974
- State ex rel. Bartlett v. BrodiganNevada Supreme Court · 1914