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Wolf v. Humboldt County

April 1913

PHILLIP H. WOLF, RESPONDENT, V. HUMBOLDT COUNTY, A CORPORATION, APPELLANT.


Appeal from the Sixth Judicial District Court, Humboldt County; L. N. French, Judge, presiding.

Salter & Robins, for Appellant.

Mack, Green & Heer, for Respondent.

By the Court, McCarran, J.:

This is an action wherein Phillip H. Wolf, the constable of Lake township, Lovelock, Humboldt County, brought suit in the district court in and for Humboldt County to recover on certain claims for services rendered by him, acting as constable of said township. His claims had been presented to the board of county commissioners of Humboldt County, and were by said board disallowed in part. The case was tried in the district court of Humboldt County, with Hon. L. N. French, judge of the Eighth judicial district for Churchill County, presiding. Judgment in the lower court was rendered in favor of the plaintiff, and a lengthy decision in writing was filed by the learned judge. No motion for a new trial was made, and the case comes to this court on appeal from the judgment alone.

In their opening brief counsel for appellant submit but one contention for this court to determine, namely:

[36 Nev. 26, Page 30]

“As respondent accepted and was paid the allowance on ten claims made by the county commissioners, is he entitled to sue for the amounts so disallowed?”

The picture of the ten claims in question is here given:

Demand Allowed For Difference

$222.55 $202.55 $20.00

34.95 32.25 2.70

192.40 54.20 138.00

210.45 166.90 43.55

437.40 427.40 10.00

334.15 318.55 ...


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