Legal Opinion

Schweiss v. First Judicial District Court

Nevada Supreme Court

Decided April 5, 1896No. 1469PublishedCited by 8 opinions

Original proceeding. Application for writ of prohibition by R. Schweiss against the First Judicial District Court of the State of Nevada in and for Storey county. Original application for a writ of prohibition. The petitioner was convicted in a justice’s court of the offense of keeping a saloon in the city of Virginia, wherein liquors were sold by the glass, without having obtained the license therefor required by an ordinance of said city.

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Original proceeding. Application for writ of prohibition by R. Schweiss against the First Judicial District Court of the State of Nevada in and for Storey county. Original application for a writ of prohibition. The petitioner was convicted in a justice’s court of the offense of keeping a saloon in the city of Virginia, wherein liquors were sold by the glass, without having obtained the license therefor required by an ordinance of said city. From this conviction he, appealed to the district court of the first judicial district, Storey county, where his demurrer to the complaint upon the…

1Opinion of the Court

By the Court,

Bigelow, C. J.:

The question involved in this case is the validity of the act of the legislature entitled “An act to incorporate Storey county and provide for the government thereof,” approved March 15, 1895 (Stats. 1895, 73). Its constitutionality is attacked upon several different grounds, of which it will be necessary to notice but one or two.

Section 1 of the act describes Storey county, not by name, but by metes and bounds, and then creates the territory so described into a municipal corporation by the name of Storey county, with large and varied powers — among them that of…

2Cases cited2 opinions

  1. State ex rel. Attorney General v. BoydNevada Supreme Court · 1885
  2. Singleton v. Eureka CountyNevada Supreme Court · 1894

3Cited by8 opinions

  1. Granite Oil Securities, Inc. v. Douglas CountyNevada Supreme Court · 1950
  2. Washoe County Water Conservation District v. BeemerNevada Supreme Court · 1935
  3. Hanson v. City of CrescoSupreme Court of Iowa · 1906
  4. City of Reno v. County of WashoeNevada Supreme Court · 1978
  5. McKay v. Washoe General HospitalNevada Supreme Court · 1934

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