Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1874-09-01

SUPREME COURT DECISIONS.
Daniel Morgan. Respondent, vs.. The
Board Of County Commissioners
Of Eureka County. Appellant.


diction conferred by the act can be ex-
erci>ei. there shall have been flied in
the Clrek'> Office of the county in which
the same is situated a written petition
for the application ofthe provisions of
this act TO said town or CITY,. >lgned by
n majority of the actual residents of
auch town or city representing at least
three-fif,hs of the taxable properly.
The ~genuinene>s of all signatures TO
such petition, and the qualifications Of
the subscribers, shall be established
by the atlidavit> of reliable taxpayers
of said town or CT V. filed with sue
petition" [Stat. l>13. page ~ See. Is
A petition signed by Isl persons
was filed in the Clerks Office OF Eure-
ka county. asking the Board of County
Commissioners of said county to ap-
PLY the provisions of said act it the
town of Eureka. situated n o said
county.
This petition was accompanied by
the atfidavits of j. u. sullivan. 7. j.
Maupin, NJ. Borowsky and J.. +. RAM
sev.
\. a meeting held on the I'd day OF
December. 1873. the board passed an
order declaring that the town of Etira-
ka. from and after that da:e. was sub
ject to the provisions OF said act.
INt> ltiiOltill Chains tItl tiIN 'iii'tlh H.
are fa;allv defective. and t~hereuuon ar
cues that. in acting upon said pc itian
and in passing said order the board
exceeded is jurisdiction.
The affidavit of sullivan states "tha:
he is a resident and taxpayer in En-
reka comfy The law requires that
the affidavitS shall be made by 4 tax
payer of tie town or city.
In order To give the Board iuri~dic-
ton the affidavit must show thai the
party making i was II Of the per-
sons made competent by tie law. :" II
should ~affirrIativeiy appear that he i
sue. person and he should also answer
to the fact" LS.ate ". The Board OF
County Commissioners of Wa>hoe
county. > New. so, and authorities
there cited.l In this respect the atli-
davi, of sullivan was fatally defective.
The other afhdavits are not subiect
to this objection: hut against them il
is urged that they are defective. FRS
In falling to state that the signature, u
the petition are genuine. Second
That they are made upon information
and belief.
Each afIiant states THAT he has ex-
anined the signatures" upon the petit
ton. land the same represents three
iifthS of the taxable property, As well
as d majority of the actual residents OF
said town. to the best OF his knowledge
and belief
This statement does not establish
the fact that said petition is "signed
by a majority of the actual residents
nor does it afiirmatively establish
1.-The genuineSs of all signatures to
such petition"
1t was the evident intention e the
1900. ~ 49,
tabli>hed by the at1idayits of reliable
taxpayers acquainted with the facts.
The atiiiavitS filed with the petition
safe nothing explicit. In effect they
amount to nothing o tEan IA State
ment under oath that atfialts know
nothing contrary to its truth.
1t was not intended THAI these affida-
Wits should be Il mere formal matter.
An affidavit which S:ateS no fact within
the knowledge of the person making
it would he Of but Little weight i'll any
legal proceeding. such an affidavit
does not establish any fact required by
the law to be established; il makes no
statement of facts upon which The
minds Of the commissioners could be
informed, or upon Which they could
base 4 decision.
We think, as a general rule, that
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causc Eyerv LAWYER knows hat aft.