Legal Opinion

Marsh v. Hanly

California Supreme Court

Decided February 25, 1896No. L. A. No. 180PublishedCited by 23 opinions

Appeal from a judgment of the Superior Court of Los Angeles County. Walter Van Dyice, Judge. The case was submitted in the supreme court by stipulation of attorneys upon the brief of the respondent and the opinion of the judge of the superior court. The facts are stated in the opinion of the court.

1Opinion of the CourtBeatty, C. J.

This is a suit by a taxpayer to enjoin the defendants from appropriating public funds of the county for the purchase of ballot-boxes and the payment of other expenses involved in carrying out the provisions of the act of March 27,1895, commonly known as the primary election law (Stats. 1895, p. 207). The claim of the plaintiff is that the act is local and special, and, therefore, unconstitutional and void. This contention was sustained by the superior court of Los Angeles, and the injunction granted. Defendants appeal from the judgment.

There can be no question that the act is local and…

2Cases cited4 opinions

  1. City of Pasadena v. StimsonCalifornia Supreme Court · 1891
  2. Darcy v. Mayor of San JoseCalifornia Supreme Court · 1894
  3. Welsh v. BramletCalifornia Supreme Court · 1893
  4. Doughterty v. AustinCalifornia Supreme Court · 1892

3Cited by23 opinions

  1. Koy v. SchneiderTexas Supreme Court · 1920
  2. Matter of Application of MillerCalifornia Supreme Court · 1912
  3. People Ex Rel. Tooley v. Seven Thirty-Five East Colfax, Inc.Supreme Court of Colorado · 1985
  4. Spier v. BakerCalifornia Supreme Court · 1898
  5. McGlothlen v. Department of Motor VehiclesCalifornia Court of Appeal · 1977

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