Legal Opinion

Myers v. English

California Supreme Court

Decided July 1, 1858PublishedCited by 45 opinions

Akpsal from the District Court of the Sixth Judicial District, County of Sacramento. This was an application to the Court below for a writ of mandamus against the defendant, to compel him, as State Treasurer, to pay certain warrants drawn by the Comptroller, prior to the first day of January, 1857, for the payment of portions of the salaries of District Judges, accruing in 1856. An order to show cause why the writ should not be issued, was made against the defendant.

Read the full summary

Akpsal from the District Court of the Sixth Judicial District, County of Sacramento. This was an application to the Court below for a writ of mandamus against the defendant, to compel him, as State Treasurer, to pay certain warrants drawn by the Comptroller, prior to the first day of January, 1857, for the payment of portions of the salaries of District Judges, accruing in 1856. An order to show cause why the writ should not be issued, was made against the defendant. In obedience to said order, the defendant filed his answer, and alleged as cause, as follows: 1. That the warrants were issued…

1Opinion of the CourtBurnett, J.

This case was decided at the January" Term, and on account of the great importance of the principle involved, a re-argument was had, and the subject ably discussed by the learned counsel for the plaintiff.

The fifteenth section of the sixth article of the Constitution of this State provides that the Judges of the Supreme and District Courts shall, severally, at stated times during their continuance in office, receive for their services a compensation, to be paid out of the treasury, which shall not be increased or diminished during the time for which they shall have been elected!

It is insisted…

2Cases cited1 opinion

  1. Fletcher v. PeckSupreme Court of the United States · 1810

3Cited by45 opinions

  1. Serrano v. PriestCalifornia Supreme Court · 1976
  2. Butt v. State of CaliforniaCalifornia Supreme Court · 1992
  3. Hopping v. Council of City of RichmondCalifornia Supreme Court · 1915
  4. Mandel v. MyersCalifornia Supreme Court · 1981
  5. People ex rel. Woodyatt v. ThompsonIllinois Supreme Court · 1895

40 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