Legal Opinion

Babcock v. Goodrich

California Supreme Court

Decided July 1, 1874No. 4,089PublishedCited by 52 opinions

Application to the Supreme Court for a writ of mandate to compel the Auditor to issue a warrant on an account which had been allowed by the Board of Supervisors.

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Application to the Supreme Court for a writ of mandate to compel the Auditor to issue a warrant on an account which had been allowed by the Board of Supervisors. In order to enable the profession to understand more fully all the points referred to in the opinion, the complaint and answer are inserted below in full: “The petition of George W. Babcock respectfully shows and your petitioner on oath alleges and deposes: ‘ ‘ I. That on the twenty-fifth day of June, 1873, the county seat of tire said county of Alameda was removed from the town of San Leandro, where the same had previously been…

1Opinion of the Court

By the Court, McKinstry, J.:

Application for a writ of mandate to the Auditor of Alameda County, commanding that officer, to draw his warrant, in favor of the relator, on the Treasurer for the amount of an account allowed by the Board of Supervisors. The case was submitted on demurrer to the petition, and on the *508plaintiff’s motion for judgment upon the pleadings. We think the complaint is sufficiently certain in the particulars to which is addressed, the special demurrer for uncertainty.

In support of the general demurrer, respondent’s counsel urges that the relator has mistaken his mode of…

2Cases cited2 opinions

  1. Fremont v. CrippenCalifornia Supreme Court · 1858
  2. Goodwin v. GlazerCalifornia Supreme Court · 1858

3Cited by52 opinions

  1. Public Market Co. v. City of PortlandOregon Supreme Court · 1942
  2. People v. LynchCalifornia Supreme Court · 1875
  3. Dufton v. DanielsCalifornia Supreme Court · 1923
  4. Palmer v. Southern Express Co.Tennessee Supreme Court · 1913
  5. Alameda County Flood Control & Water Conservation District v. Department of Water ResourcesCalifornia Court of Appeal · 2013

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