Rosborough v. Boardman
California Supreme Court
Application for a writ of mandate to compel the respondent, as county auditor of Alameda County, to draw his warrant in payment of the petitioner’s salary as county assessor for the month ending on the first Monday in February, 1885. ¡Neither at the general election held in 1882, nor subsequent thereto, had any person been elected or appointed to the office of county assessor of Alameda County, until on ¡December 15, 1884, the board of supervisors appointed the petitioner to…
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Application for a writ of mandate to compel the respondent, as county auditor of Alameda County, to draw his warrant in payment of the petitioner’s salary as county assessor for the month ending on the first Monday in February, 1885. ¡Neither at the general election held in 1882, nor subsequent thereto, had any person been elected or appointed to the office of county assessor of Alameda County, until on ¡December 15, 1884, the board of supervisors appointed the petitioner to fill the vacancy supposed to exist in such office. The further facts are stated in the opinion of the court.
1Opinion of the CourtSharpstein, J.
If there was not, immediately preceding the date of the passage of the act to “ establish a uniform system *117of county and township governments” (approved March 14, 1883), any such office as that of “ county assessor of Alameda County,” there is not any such office now, unless it was created by some provision of that act; and if such an office was created by any provision of that act, such provision did not take effect prior to the first Monday after the 1st day of January, 1885, as clearly appears by section 181: —
“ Any provision of this act creating a county office in any county shall not…
2Cases cited5 opinions
- People v. TiltonCalifornia Supreme Court · 1869
- People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
- People v. Central Pacific RailroadCalifornia Supreme Court · 1872
- People v. Placerville & Sacramento Valley RailroadCalifornia Supreme Court · 1868
- Mitchell v. CrosbyCalifornia Supreme Court · 1873
3Cited by11 opinions
- People ex rel. Sweet v. WardCalifornia Supreme Court · 1895
- State ex rel. Robert v. MurphySupreme Court of Florida · 1893
- State ex rel. Chenoweth v. ActonMontana Supreme Court · 1904
- Driscoll v. JonesSouth Dakota Supreme Court · 1890
- State ex rel. Jones v. FosterMontana Supreme Court · 1909
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