Harris v. Bd. of Supervisors of S.F.
California Supreme Court
Appeal from the Fifteenth District Court, City and County of San Francisco. Defendant appeals. This proceeding is mandamus to compel the Board of Supervisors of the City and County of San Francisco to order a demand of plaintiff: against the City and County of San Francisco, for the sum of two thousand eight hundred and thirty dollars and fifty cents, claimed to have been expended by plaintiff during his term of office as Assessor of said city and county between the 2nd day…
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Appeal from the Fifteenth District Court, City and County of San Francisco. Defendant appeals. This proceeding is mandamus to compel the Board of Supervisors of the City and County of San Francisco to order a demand of plaintiff: against the City and County of San Francisco, for the sum of two thousand eight hundred and thirty dollars and fifty cents, claimed to have been expended by plaintiff during his term of office as Assessor of said city and county between the 2nd day of December, A. D. 1867, and the 5th day of December, a. d. 1869, the last day inclusive, for extra work in making up…
1Opinion of the Court
argued that the act was not mandatory, and that the Board had the right to examine and reject the claim; and that in such a case mandamus would not lie.
In People ex rel. The San Francisco Gas Company v. The Board of Supervisors of the City and County of San Francisco, (11 Cal. 42) this Court held that a mandamus directing the Supervisors to proceed and audit the claims of the relator did not necessarily require of the Board to allow the account; that they had a discretion in respect to their action in that regard, and though they were compelled to proceed to act on the subject-matter of the…
2Cases cited6 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Sinton v. AshburyCalifornia Supreme Court · 1871
- People ex rel. Olmsted v. Board of SupervisorsNew York Supreme Court · 1852
- Napa Valley Railroad v. Board of SupervisorsCalifornia Supreme Court · 1866
- Tilden v. Board of SupervisorsCalifornia Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brady v. BartlettCalifornia Supreme Court · 1880
- Swann & Billups v. JenkinsSupreme Court of Alabama · 1886