Legal Opinion · Dissent

Raisch v. Board of Education

California Supreme Court

Decided December 2, 1889No. 11955Published

Appeal from, a judgment of the Superior Court of the city and county of San Francisco. The main facts are stated in the prevailing opinion; further facts are stated in the dissenting opinion of Mr. Justice Thornton.

1DissentThornton, J.

I dissent. The applicant for the writ in this case has never presented his claim to the board of education for their examination and allowance, and consequently he is not in a positon to ask a mandate from a court to command the board of education to draw a draft in his favor for any sum payable out of the school fund of the city and county of San Francisco.

Section 82 of the Consolidation Act provides that no payment can be made from the treasury or out of the public funds of said city and county, unless the same be specifically authorized by this act, nor unless the demand which is paid be…

2Cases cited6 opinions

  1. Wood v. StrotherCalifornia Supreme Court · 1888
  2. Cosner v. Board of Supervisors of Colusa CountyCalifornia Supreme Court · 1881
  3. Christie v. Board of Supervisors of Sonoma CountyCalifornia Supreme Court · 1882
  4. Clune v. SullivanCalifornia Supreme Court · 1880
  5. Purdy v. SintonCalifornia Supreme Court · 1880

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API