Vesey v. Hermann
Nevada Supreme Court
Appeal from the First Judicial District of the State of Nevada, Storey County, Hon. R. S. Messick presiding. The facts of the case are fully stated in the opinion. Points of Appellant. First — The functions of respondent as County Auditor ceased when the Constitution went into effect.
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Appeal from the First Judicial District of the State of Nevada, Storey County, Hon. R. S. Messick presiding. The facts of the case are fully stated in the opinion. Points of Appellant. First — The functions of respondent as County Auditor ceased when the Constitution went into effect. (Statutes of Nevada, p. 295, sec. 1; Constitution, sec. 32, art. IV. — secs. 2 and 13, art. XVII,, and Oolm v, Wright, 22 Cal, 312.) • Second — Appellant, by adoption of tbe Constitution, became ex officio County Auditor. Respondent’s Points. Tbe office of County Auditor is a distinct office, separate from that…
1Concurrence
Opinion by
Beatty, J.,
full Bench concurring.
The plaintiff and appellant in this case was elected County Recorder at the September election in 1864, and soon thereafter entered upon the performance of his duties as Recorder of Storey County. The defendant and respondent was, at the same election, elected County Clerk of Storey County, and thereafter qualified and entered upon the performance of his duties as such Clerk. ■
Under the laws of the Territory, as then existing, the County Clerk was ex officio County Auditor. The plaintiff', appellant, claims that by the adoption of the Constitution,…
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