People ex rel. Flynn v. Abbott
California Supreme Court
Appeal from the Twelfth District. The complaint avers, in substance, the passage of the Act of April 21st, 1860, under which relator claims to hold the office of Pilot for the port of San Francisco—the repeal of the Act of May 11th, 1854, and the amendatory Act of April 16th, 1858, under which defendants claim—the appointment by the Governor of a Board of Pilot Commissioners—the organization of said Board—the examination and appointment of relator as Pilot—the holding,…
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Appeal from the Twelfth District. The complaint avers, in substance, the passage of the Act of April 21st, 1860, under which relator claims to hold the office of Pilot for the port of San Francisco—the repeal of the Act of May 11th, 1854, and the amendatory Act of April 16th, 1858, under which defendants claim—the appointment by the Governor of a Board of Pilot Commissioners—the organization of said Board—the examination and appointment of relator as Pilot—the holding, usurpation and enjoyment of the office by defendants—and prays that they be deprived of the office, and severally subjected…
1Opinion of the CourtCope, J.
Field, C, J. concurring.
This is an action in the nature of a quo warranto, brought by the Attorney General, for an alleged usurpation of the office of Pilot for the port of San Francisco. The defendants demurred to the complaint, and at the same time filed an answer setting up certain new matter in defense of the action. The plaintiffs demurred to the new matter set up in the answer. The first of these demurrers was sustained, and the second overruled. The plaintiffs refused to amend, and a judgment was rendered in favor of the defendants. The errors assigned, relate to the decision of the…
2Cases cited1 opinion
- People ex rel. Palmer v. WoodburyCalifornia Supreme Court · 1859
3Cited by10 opinions
- People Ex Rel. Bledsoe v. CampbellCalifornia Supreme Court · 1902
- Town of Enterprise v. State ex rel. Attorney-GeneralSupreme Court of Florida · 1892
- Forman v. Sewerage & Water BoardSupreme Court of Louisiana · 1907
- In re the Estate of CarrigerCalifornia Supreme Court · 1894
- People ex rel. Ferguson v. Board of Supervisors of San FranciscoCalifornia Supreme Court · 1869
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