In re Marks
California Supreme Court
Appeal from the District Court of the ¡Nineteenth Judicial District, City and County of San Francisco. The complaint averred that the complainant was a citizen and taxpayer of the State of California.
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Appeal from the District Court of the ¡Nineteenth Judicial District, City and County of San Francisco. The complaint averred that the complainant was a citizen and taxpayer of the State of California. The complaint was filed January 20th, 1873, and it alleged that Marks’ term of office as Harbor Commissioner was four years from the 6th day of December, 1869; and that the office of State Harbor Commissioner was an office provided for and created by the terms of an Act of the Legislature entitled “ an Act to provide for the improvement and protection of the wharves, docks, and water front of…
1Opinion of the Court
By the Court:
The complaint here was filed in the District Court of the Yineteenth Judicial District by L. E. Crane, under the provisions of the Act of March, 1853, “ to prevent extortion in office and enforce official duty.” (Acts. 1853, p. 40.) It alleges that Marks holds the office of State Harbor Commissioner, and that he has neglected to perform the duties of his office—some sixteen specifications of such, his alleged *216neglect, being set forth. "Upon demurrer filed by Marks, the Court below gave judgment dismissing the proceedings, and from this judgment this appeal is brought.
1. There can…
2Cases cited1 opinion
- Minor v. KidderCalifornia Supreme Court · 1872
3Cited by14 opinions
- Fitts v. Superior CourtCalifornia Supreme Court · 1936
- Morton v. BroderickCalifornia Supreme Court · 1897
- Rankin v. JaumanIdaho Supreme Court · 1894
- Woods v. VarnumCalifornia Supreme Court · 1890
- In Re HermanCalifornia Supreme Court · 1920
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