Egan v. Jones
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Lander county. A. L. Fitzgerald, District Judge. The facts sufficiently appear in the opinion. I. A reasonable construction of the constitutional provision shows that a criminal conviction was not intended to be necessarily precedent to disqualification to hold office. The words, “may be convicted” are used after the words “shall be convicted ” occurring in the same section and are used advisedly.
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Appeal from the District Court of the State of Nevada, Lander county. A. L. Fitzgerald, District Judge. The facts sufficiently appear in the opinion. I. A reasonable construction of the constitutional provision shows that a criminal conviction was not intended to be necessarily precedent to disqualification to hold office. The words, “may be convicted” are used after the words “shall be convicted ” occurring in the same section and are used advisedly. It is the history of all legislation and constitutional provisions on this subject that it is intended that the people shall not have to wait…
1Opinion of the Court
By the Court,
Murphy, C. J.:
This is what purports to be an election contest, brought under section 1560, Gen. Stat. Nev., which reads: “Any elector, of the proper county, may contest the right of any person declared duly elected to an office exercised in and for such county; and also any elector of a township may contest the right of any person declared duly elected to any office in and for such township, for any of the following causes: First, for malcouduct on the part of the board of inspectors or any member thereof; second, when the person whose right to the office is contested was not at…
2Cases cited1 opinion
- Ritter v. Democratic Press Co.Supreme Court of Missouri · 1878
3Cited by9 opinions
- Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936
- Campbell v. StateSupreme Court of Arkansas · 1989
- Smith v. CommonwealthSupreme Court of Virginia · 1922
- Hunter v. StateCourt of Appeals of Maryland · 1949
- Meyer v. Missouri Real Estate CommissionMissouri Court of Appeals · 1944
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