Legal Opinion

Miner v. Solano County

California Supreme Court

Decided July 15, 1864PublishedCited by 1 opinion

Appeal from the District Court, Seventh Judicial District, Solano County. Judgment was rendered for the defendant in the Court below, and plaintiff appealed. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Rhodes, J.

The respondent urges that the complaint does not state facts sufficient to constitute a cause of action. The point is well taken. The allegation is that the plaintiff, as a Justice of the Peace, performed services, at the request of the District Attorney for that county, in cases wherein the people of the State were plaintiffs, to the amount of three thousand two hundred dollars, “ and that the defendant thereby became and is liable to pay the said sum.” There is no allegation of the means by which the county became liable. It is not alleged that the services were…

2Cases cited1 opinion

  1. People ex rel. Attorney-General v. SquiresCalifornia Supreme Court · 1859

3Cited by1 opinion

  1. Pennie v. ReisCalifornia Supreme Court · 1889

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