Price v. Whitman
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. This was a petition in the Court below for a writ of mandamus upon the Comptroller, Secretary of State, and Treasurer, to compel them to examine, settle, audit, and allow the claim of the petitioner, Thomas F. W. Price, under the provisions of a bill which passed both houses of the Legislature, and was presented to the Govérnor on April 3d, 1856, and which is claimed to have become a law by .not havings‘been…
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Appeal from the District Court of the Sixth Judicial District. This was a petition in the Court below for a writ of mandamus upon the Comptroller, Secretary of State, and Treasurer, to compel them to examine, settle, audit, and allow the claim of the petitioner, Thomas F. W. Price, under the provisions of a bill which passed both houses of the Legislature, and was presented to the Govérnor on April 3d, 1856, and which is claimed to have become a law by .not havings‘been returned by the Governor within ten days thereafter, the Legislature being in session. The Journal of the Senate, where the…
1Opinion of the CourtBurnett, J.
On the third day of April, 1856, a bill, which had duly passed both branches of the Legislature, was presented to the Governor. *415The Governor returned the bill to the Senate, in which it originated, with his objections, and the veto was concurred in by that body. The Journal of the Senate shows that the bill was returned on the fifteenth of the same month, while it was shown, by parol proof, that it was returned on the fourteenth. The plaintiff objected to the introduction of the parol proof, to contradict the Senate Journal, but the objection was overruled, the testimony admitted, judgment…
2Cited by15 opinions
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- Ex parte NewmanCalifornia Supreme Court · 1858
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- State ex rel. Dawson v. SessionsSupreme Court of Kansas · 1911
- Municipal Improvement Co. v. ThompsonCalifornia Supreme Court · 1927
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