People ex rel. Anderson v. Durick
California Supreme Court
Appeal from the Ninth District. ' At the general election in September, 1861, the relator was-elected to the office of County Clerk, and the defendant to the office of County Recorder of Shasta couniy, and on the fourth day of October thereafter, each entered upon the discharge of the duties of his said office. For the two years previous, the defendant had been County Clerk of said county.
Read the full summary
Appeal from the Ninth District. ' At the general election in September, 1861, the relator was-elected to the office of County Clerk, and the defendant to the office of County Recorder of Shasta couniy, and on the fourth day of October thereafter, each entered upon the discharge of the duties of his said office. For the two years previous, the defendant had been County Clerk of said county. On the third day of December, 1861, the relator applied, upon affidavit to the District Judge of the Ninth District, for a mandamus to compel the delivery to him by defendant of the records, papers, seals,…
1Opinion of the CourtNorton, J.
By the Act of March 31st, 1858, the office of County Recorder was separated from that of County Clerk, and the Recorder was made ex officio Clerk of the Probate Court. By the seventy-fourth section of the Revenue Act of 1860, the County Clerk is made ex officio Recorder, and he thus became Clerk of the Probate Court, but he became so by virtue of his office of Recorder. The Recorder is the Clerk of the Probate Court, and it is immaterial whether the Recorder acquires his office by election, independently of any other office, or whether it is conferred upon him by law, in consequence of his…
2Cited by14 opinions
- Union Bank & Trust Co. v. County of Los AngelesCalifornia Court of Appeal · 1934
- People Ex Rel. Deputy Sheriffs' Ass'n v. County of Santa ClaraCalifornia Court of Appeal · 1996
- Horton v. Mobile School CommissionersSupreme Court of Alabama · 1869
- Zonker v. CowanIndiana Supreme Court · 1882
- State Ex Rel. Howell v. LaGraveNevada Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.