THE STATE OF NEVADA, Respondent, v. THE FIRST NATIONAL BANK et als., Appellants
State v. First National Bank
THE STATE OF NEVADA, Respondent, v. THE FIRST NATIONAL BANK et als., Appellants
THE STATE OF NEVADA, Respondent, v. THE FIRST NATIONAL BANK et als., Appellants
No. 3.
Parties — Plaintiee in Action eor Delinquent Sciiool Taxes. The “ State of Nevada” is the proper party plaintiff in a suit for delinquent school taxes under Section 38 of the Act of March 20, 1868, relating to schools (Statutes of 1864 — 5, 419).
Suit eor Delinquent School Taxes — Construction oe School Law. Section 35 of the school law of March 20, 1865, (Statutes of 1864-5, 419) providing that delinquent taxes for school purposes shall be recovered “ in the same manner and with the same costs as delinquent State and County taxes,” means not only that the form of action and mode of procedure shall be the same, but also that the State of Nevada shall be the party plaintiff in both.
Appeal from the District Court of the Sixth Judicial District, Lander County.
■ The amount of delinquent school tax sought to be recovered in this action was four hundred and thirty-one dollars and ninety-five cents. The suit was against the bant, its real estate and improvements, and certain fictitious persons. The bank made no appearance, and judgment by default was rendered against it for the amount claimed.
Thomas Wren and George S. Hupp, for Appellants.
H. Mayenbaum, for Respondent.
By the Court,
Whitman, J.
Appellants object to the judgment rendered on default. First, that " the complaint does not show a cause of action in favor of the plaintiff." Second, that " the real parties in interest are the inhab- Rants of Austin School District, and the action should have been prosecuted in the name of the Trustees of said District."
The action is brought under the " Act to provide'for the maintenance and supervision of public schools," approved March 20th, 1865, and the plaintiff is.as prescribed by the thirty-fifth section thereof. The judgment is affirmed.