Trinity County v. McCammon
California Supreme Court
Appeal from the District Court, Ninth Judicial District, Trinity County. The complaint averred that defendant Musser was Treasurer of Trinity County, and that there was then in the County Treasury about seven thousand dollars, raised and set apart by authority of law, for the special purpose of building or purchasing suitable buildings for a County Court-house and jail; that defendant McCammon was elected a Supervisor in November, 1860, and that his term of office expired on…
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Appeal from the District Court, Ninth Judicial District, Trinity County. The complaint averred that defendant Musser was Treasurer of Trinity County, and that there was then in the County Treasury about seven thousand dollars, raised and set apart by authority of law, for the special purpose of building or purchasing suitable buildings for a County Court-house and jail; that defendant McCammon was elected a Supervisor in November, 1860, and that his term of office expired on or before November 16th, 1863; that A. J. Price was elected his successor at the general election in the fall of 1863,…
1Opinion of the Court
By the Court, Shafter, J.
This is an appeal from an order refusing to dissolve an injunction.
The injunction was improperly granted, and therefore the Court erred in overruling the motion to dissolve. The difficulty with the case made in the complaint is, that it has not too little, but too much strength.
Assuming the allegations of the complaint to be true, McCammon is Supervisor, neither de jure nor de facto; on the contrary, he bears no other character than -chat of a naked usurper. As to Quine, the complaint charges that he is a member of the Board, and the affidavits used in support of the…
2Cases cited1 opinion
- De Witt v. HaysCalifornia Supreme Court · 1852
3Cited by8 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Linden v. CaseCalifornia Supreme Court · 1873
- McLeran v. BentonCalifornia Supreme Court · 1887
- Ventura County v. ClayCalifornia Supreme Court · 1896
- Bingham County v. First Nat. BankCourt of Appeals for the Ninth Circuit · 1903
3 more not listed; retrieve them via the Exa API.