State v. Sadler
| Decision Date | 16 January 1897 |
| Docket Number | 1,488. |
| Citation | State v. Sadler, 23 Nev. 356, 47 P. 450 (Nev. 1897) |
| Parties | STATE ex rel. HARDIN v. SADLER, Governor. |
| Court | Nevada Supreme Court |
Application by C. H. E. Hardin for mandamus to Reinhold Sadler, governor of the state of Nevada.Writ dismissed.
James F. Dennis, for relator.
J. R Judge, Atty. Gen., for respondent.
This is an application for a writ of mandamus requiring respondent to commission relator as lieutenant governor of the state.The petition, among other things, alleges that the Honorable John E. Jones, the duly-elected governor of the state, died upon the 10th day of April, 1896; that thereupon the powers and duties of the office of governor devolved upon respondent the lieutenant governor, who is now the acting governor of the state; that at the last general election relator was the candidate of the Silver party and of the Democratic party for the office of lieutenant governor, and received the highest number of votes cast for any candidate for that office, and was elected.A demand upon and refusal by respondent to issue a certificate of election are alleged, and this court is asked to issue a writ of mandamus requiring him to do so.The attorney general has demurred to the petition, upon the ground that it does not state facts sufficient to entitle relator to the relief prayed for.
The provisions of the constitution bearing upon the subject are as follows (article 5):
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Rouse v. Johnson
...to support the text are State v. County of Duval, 23 Fla. 483, 3 So. 193; People v. Cornforth, 34 Colo. 107, 81 P. 871; State v. Sadler, 23 Nev. 356, 47 P. 450, Crosman v. Nightingill, 1 Nev. 323. The cases do not support the text. Not a single one of those cases had occasion to determine t......
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State ex rel. Gragg v. Barrett
... ... devolve additionally upon the incumbent of the lower office, ... in which event no vacancy occurs in the latter. Futrell ... v. Oldham, 107 Ark. 385, 155 S.W. 502; People ex ... rel. Lynch v. Budd, 114 Cal. 168, 45 P. 1060, 34 L.R.A ... 46; Clifford v. Hiller, 42 A. 155; State v ... Sadler, 23 Nev. 356 47 P. 450; State ex rel. Martin ... v. Ekern, 280 N.W. 393. The type wherein a state ... constitutional prohibition exists against holding two ... offices, as in Missouri, and where qualifying for a second or ... higher office necessarily operates as a vacation of the other ... or ... ...
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State of Wyoming ex rel. Chatterton v. Grant
... ... Ann., 679.) The relator is entitled ... while performing the duties of Secretary of State and also ... the duties of the office of Governor, as Acting Governor, to ... the salary fixed and provided by law for both offices ... ( Chadwick v. Earhart, 11 Ore., 389; State ex ... rel. Sadler v. Lagrave, 23 Nev. 216; U. S. v ... Saunders, 120 U.S. 594; U. S. v. Brindle, 110 ... U.S. 688; Preston v. U.S. 37 F. 417; Converse v ... U.S. 21 How. (U.S.), 463; State ex rel. v ... Sadler, 47 P. 450; State v. Roddle, 81 N. W., ... 980 (S. D.); State ex rel. v. Walker, 97 ... ...
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State ex rel. Martin v. Ekern
...In such a contingency no vacancy occurs in the office of lieutenant governor. State ex rel. Lamey v. Mitchell, supra; State ex rel. Hardin v. Sadler, 23 Nev. 356, 47 P. 450;People ex rel. Lynch v. Budd, 114 Cal. 168, 45 P. 1060, 34 L.R.A. 46. It is likewise clear that if, during a vacancy i......