Legal Opinion

Meagher v. County of Storey

Nevada Supreme Court

Decided October 15, 1869PublishedCited by 18 opinions

Appeal from the District Court of tbe First Judicial District, Storey County. The services of plaintiff, for which this suit was brought, were performed between October 20th, 1866, and May 15th, 1867, inclusive. There was judgment for the plaintiff in the Court below, which at the time was presided over by the Judge of the Third Judicial District.

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Appeal from the District Court of tbe First Judicial District, Storey County. The services of plaintiff, for which this suit was brought, were performed between October 20th, 1866, and May 15th, 1867, inclusive. There was judgment for the plaintiff in the Court below, which at the time was presided over by the Judge of the Third Judicial District. I. The Act of the Legislature, conferring on City Recorders the power to examine and commit, in cases beyond their jurisdiction to try, is unconstitutional. Section nine of article six of the Constitution gives the Legislature the power to fix the…

1Opinion of the Court

By the Court,

Lewis, C. J.:

Plaintiff, who was the only qualified and acting Recorder for the City of Virginia, performed certain duties as a Committing Magistrate, imposed upon him by an Act of the Legislature, entitled “ An Act concerning the Courts of Justice of this State and Judicial Officers,” (Stats. 1864-5, 116) and now brings this action to recover the sum of five hundred and eighty dollars, claimed to be due for the services so imposed upon and performed by him. The law imposing,these duties fixes no compensation for their performance, but the same fees are claimed by plaintiff that…

2Cases cited2 opinions

  1. People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
  2. Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865

3Cited by18 opinions

  1. Parker v. State ex rel. PowellIndiana Supreme Court · 1892
  2. Milliken v. City CouncilTexas Supreme Court · 1881
  3. Boales v. FergusonNebraska Supreme Court · 1898
  4. Selby v. City of PortlandOregon Supreme Court · 1886
  5. State Ex Rel. Stevenson v. TuflyNevada Supreme Court · 1890

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