Legal Opinion

Owen v. Nye County

Nevada Supreme Court

Decided October 15, 1875No. 759Published

Appeal from the District Court of the Fifth Judicial District, Nye County. , The facts are stated in the opinion. I. The demurrer in this case was sustained on the broad ground that the complaint did not state facts sufficient to constitute a cause of action, or, in other words, that the action could not be maintained.

Read the full summary

Appeal from the District Court of the Fifth Judicial District, Nye County. , The facts are stated in the opinion. I. The demurrer in this case was sustained on the broad ground that the complaint did not state facts sufficient to constitute a cause of action, or, in other words, that the action could not be maintained. If this be true, the whole matter before the court resolves itself into one question, to wit: Can an officer of a county, where the county of which he is an officer neither owns nor controls any buildings or rooms suitable for an office, provide himself with an office, at his…

1Opinion of the Court

By the Court,

Hawley, C. J.:

This suit was brought by plaintiff to recover from defendant the amount of money paid by the district attorney, county treasurer and -county assessor, for the rent of their respective offices. The amended complaint contains three counts. The; first, after stating that plaintiff was the district attorney of defendant from the 6th day of January, A. D. 1873, up to January 4, 1875, avers “that during the whole of the time for which plaintiff was elected and served as such district attorney, * * * he furnished and paid for the rent of an office at the county-seat of…

2Cases cited4 opinions

  1. People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
  2. Chase v. County of SaratogaNew York Supreme Court · 1861
  3. Board of Supervisors v. BeveridgeIllinois Supreme Court · 1855
  4. County of Jefferson v. BesleyWisconsin Supreme Court · 1856

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API