Legal Opinion

Conn v. City Council

California Court of Appeal

Decided December 22, 1911No. Civ. No. 1058PublishedCited by 50 opinions

APPEAL' from a judgment of the Superior Court of Contra Costa County, and from an order denying a new trial. A. J. Buckles, Judge presiding. The facts are stated in the opinion of the court. Lee D. Windrem, J. J. Dunne, and H. M. Owens, for Appellant.

1Opinion of the CourtLennon, P. J.

This is an appeal from an order denying a new trial and from a judgment in mandamus, wherein the defendant, the city council of the city of Richmond, is commanded to forthwith fix a date for the holding of an election for the recall of six of its members.

That portion of the charter of the city of Richmond which bears directly upon the questions involved may be epitomized as follows:

The holder of an elective office may be removed by the electors qualified to vote for the successor of the officer sought to be removed. The petition for the removal of an officer must be signed by such electors…

2Cases cited19 opinions

  1. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  2. Hyatt v. AllenCalifornia Supreme Court · 1880
  3. Graham v. RobertsMassachusetts Supreme Judicial Court · 1908
  4. State ex rel. Matheny v. County Court of Wyoming CountyWest Virginia Supreme Court · 1900
  5. Pumphrey v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877

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3Cited by50 opinions

  1. Ley v. DominguezCalifornia Supreme Court · 1931
  2. State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1926
  3. Langer v. StateNorth Dakota Supreme Court · 1939
  4. State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
  5. Dunham v. ArderySupreme Court of Oklahoma · 1914

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