Legal Opinion

State ex rel. Ryan v. Murphy

Nevada Supreme Court

Decided July 15, 1908No. 1764PublishedCited by 14 opinions

Original proceeding • by the State, on the relation of M. E. Ryan, against M. J. Murphy, to oust respondent from the office of Sheriff of Lander County. The facts sufficiently appear in the opinion. I. The absolute right to resign at any time is granted every officer of the state by the laws thereof. This is declared not only'by judicial determination (State v. Clarke, 3 Nev. 574; State v. Beck, 24 Nev. 98), but by statute. Comp.

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Original proceeding • by the State, on the relation of M. E. Ryan, against M. J. Murphy, to oust respondent from the office of Sheriff of Lander County. The facts sufficiently appear in the opinion. I. The absolute right to resign at any time is granted every officer of the state by the laws thereof. This is declared not only'by judicial determination (State v. Clarke, 3 Nev. 574; State v. Beck, 24 Nev. 98), but by statute. Comp. Laws, 1814, provides: "Any person who shall receive a eommission, or a certificate of his election or appointment shall be at liberty to resign such office, though…

1Opinion of the Court

By the Court,

SweeNEY, J.:

This is an original proceeding by the state, upon the relation of M. E. Ryan, against M. J. Murphy, respondent, to oust the latter from the office of sheriff of Lander County. The facts essential to a determination of the questions presented in this proceeding are as follows:

Respondent was elected sheriff of said county at the general election in November, 1906, and is still the duly elected, qualified, and acting sheriff, unless relator is entitled to such office by virtue of appointment by the board of county commissioners of Lander County on the 15th day of April,…

2Cases cited10 opinions

  1. State ex rel. Walker v. BusSupreme Court of Missouri · 1896
  2. Edwards v. United StatesSupreme Court of the United States · 1881
  3. State ex rel. Nourse v. ClarkeNevada Supreme Court · 1867
  4. Biddle v. WillardIndiana Supreme Court · 1858
  5. Leech v. State ex rel. WysorIndiana Supreme Court · 1881

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3Cited by14 opinions

  1. Patten v. MillerSupreme Court of Georgia · 1940
  2. Rogers v. CarletonSupreme Court of Oklahoma · 1941
  3. Fitzpatrick v. WelchIdaho Supreme Court · 1974
  4. Smith v. BrantleySupreme Court of Florida · 1981
  5. Blackwell v. BD. OF ANIMAL HEALTHCourt of Appeals of Mississippi · 2001

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