Legal Opinion · Dissent

Barendt v. McCarthy

California Supreme Court

Decided September 8, 1911No. S.F. No. 5507Published

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. George A. Sturtevant, Judge. The facts are stated in the opinion of the court.

1Dissent

I dissent. At a time when the plaintiff and his associates were lawfully occupying positions as members of the board of health, the mayor undertook to remove them and to appoint other persons in their places. While the fact is not stated in so many words, it appears clearly enough from the averments of the complaint that the mayor took this action without any notice to the incumbents and without affording them any opportunity to be heard in their defense. On January 31, 1910, the persons appointed as successors went to the rooms occupied as the offices of the board of health. The plaintiff…

2Cases cited16 opinions

  1. Sheehan v. ScottCalifornia Supreme Court · 1905
  2. Hallgren v. CampbellMichigan Supreme Court · 1890
  3. Guillotte v. PoincySupreme Court of Louisiana · 1889
  4. Oliver v. Mayor of Jersey CitySupreme Court of New Jersey · 1899
  5. Lawrence v. HanleyMichigan Supreme Court · 1891

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