State v. La Grave
| Decision Date | 09 August 1895 |
| Docket Number | 1,430. |
| Parties | STATE ex rel. PYNE v. LA GRAVE, State Comptroller. |
| Court | Nevada Supreme Court |
Petition for mandamus, on the relation of George D. Pyne, against C A. La Grave, state comptroller. Writ denied.
J Poujade, for relator.
Robt. M. Beatty, Atty. Gen., for respondent.
This is an application for a writ of mandamus requiring respondent as comptroller of state, to draw his warrant in favor of relator, as secretary of Company B. first regiment, Nevada National Guard, for the rent of an armory for the company for the month of April, 1895. The statute under which the claim is made is as follows: St. 1895, p. 109. In his petition relator states that the county commissioners of Storey county provided an armory for the use of the company during the period mentioned, and that a claim amounting to the sum of $75 therefor was audited and approved by the board of military auditors and the state board of examiners, etc. It will be observed that the statute provides that the county commissioners shall provide a suitable and safe armory; but whether they, or the owners of the armory building, or the company, shall present the claim for the expense of so doing, is not clear. But, aside from this, it is beyond controversy that it is only the actual expense incurred in procuring and maintaining an armory, not to exceed $75 a month, that shall constitute a charge...
To continue reading
Request your trial
-
State v. Boerlin
... ... Browker, 14 Nev. 336; State v. Com'rs, 22 ... Nev. 263, 38 P. 668. Nor will mandamus lie unless a clear ... legal right to the remedy is shown. State v. Noyes, ... 25 Nev. 49, 56 P. 946; State v. Stoddard, 25 Nev ... 464, 62 P. 237, 51 L. R. A. 229; State v. Le Grave, ... 22 Nev. 417, 41 P. 115; State v. Meder, 22 Nev. 264, ... 38 P. 668; 19 A. & E. Encyc. L. 725; 19 Cyc. 151. Though this ... proceeding consumed six days in submitting it to the court, ... and able and exhaustive arguments were made by counsel on ... both sides, as well as by counsel ... ...
-
Appel v. State ex rel. Shutter-Cottrell
... ... Wash., 156; 2 Beach Pub. Corp., 872; 13 Ency. Pl. & Pr., ... 675; 4 id., 658; O'Keefe v. Foster, 5 Wyo., 343; ... Bank v. Charles, 86 Cal. 322; Bank v. Ludvigsen, ... 8 Wyo., 56 P. 994.) The plaintiff must show a clear ... legal right. (High Ex. Leg. Rem., 450; State v. La ... Grave, 22 Nev. 417; State v. Barber, 4 Wyo., ... 409.) The employment of the relator was unauthorized. R ... R. Co. v. Baker, 6 Wyo., 369, 45 P. 494; 7 Ency. L., ... 979; Mellor v. Board, 35 P. 712 (Ida.); R. S. Secs ... 1078, 1106, 1079, 1104, 1110; 2 Beach Pub. Corp., 643; ... Modoc Co ... ...
-
State v. Stoddard
...proceedings in mandamus, will grant the peremptory writ only when the right sought to be protected is clear and undoubted. State v. La Grave, 22 Nev. 417, 41 P. 115; v. Meder, 22 Nev. 265, 38 P. 668; Same v. Wheeler, 23 Nev. 143, 44 P. 430. The act of 1891, upon which relator rests his righ......
-
Hardin v. Guthrie
... ... act to provide for a more uniform valuation and assessment of ... property in this state," approved March 16, 1901 (St ... Nev. 1901, p. 61), did fix the value of the property at $17 ... per head, as required by the state board of ... upon a showing that the petitioner has a clear legal right to ... that sought by the proceeding. State v. La Grave, 22 ... Nev. 417, 41 P. 115; State v. Stoddard, 25 Nev. 452, ... 62 P. 237. Such showing is not made either by the petition or ... by the ... ...