Legal Opinion

Odd Fellows Savings & Commercial Bank v. Quillen

Nevada Supreme Court

Decided April 15, 1876No. 775PublishedCited by 15 opinions

Appeal from the District Court of the Seventh Judicial District, Lincoln County. The facts are stated in the opinion. I. The act of the legislature entitled, “ An Act to consolidate and fund the debt of Lincoln county,” is unconstitutional. It is obnoxious to section twenty, article IY, of the constitution of the state of Nevada, which prohibits the passing of local or special laws regulating county and township business.

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Appeal from the District Court of the Seventh Judicial District, Lincoln County. The facts are stated in the opinion. I. The act of the legislature entitled, “ An Act to consolidate and fund the debt of Lincoln county,” is unconstitutional. It is obnoxious to section twenty, article IY, of the constitution of the state of Nevada, which prohibits the passing of local or special laws regulating county and township business. (Dissenting opinion of Chief Justice Hawley, in Youngs v. Hall, 9 Nev. 225.) II. The clausé of the act requiring the treasurer to detach coupons from the bonds was inserted…

1Opinion of the Court

By the Court,

Hawley, C. J.:

On the fifth day of January, a. d. 1876, respondent presented to appellant certain interest coupons issued under the act entitled, “An act to consolidate and pay the indebtedness of Lincoln county” (Stat. 1873, 54), and demanded payment of the amount due thereon. Appellant refused to pay the same, whereupon the respondent applied for and obtained from the district court of said county a peremptory writ of mandamus directing appellant to transfer the money *113then in the general fund, to the interest fund of said county, to be applied to the payment of said coupons as…

2Cases cited8 opinions

  1. State ex rel. Hess v. County CommissionersNevada Supreme Court · 1870
  2. Youngs v. HallNevada Supreme Court · 1874
  3. American Life Insurance and Trust Company v. Van EpsNew York Court of Appeals · 1874
  4. State ex rel. Lewis v. DoronNevada Supreme Court · 1870
  5. Corbett v. BradleyNevada Supreme Court · 1871

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3Cited by15 opinions

  1. Brown v. Road CommissionersSupreme Court of North Carolina · 1917
  2. State ex rel. Copeland v. WoodburyNevada Supreme Court · 1883
  3. Washoe County Water Conservation District v. BeemerNevada Supreme Court · 1935
  4. Cauble v. BeemerNevada Supreme Court · 1947
  5. State ex rel. Donnelley v. HamiltonNevada Supreme Court · 1910

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