Paxson v. Holt
California Supreme Court
APPLICATION-to-the Supreme--Court for-a-writ-of mandamus. The- facts- are stated in the-opinion. First — The City and County of San Francisco is an integral part of the government of the State and the general Statute of Limitations does not apply to it. Indeed from the very nature of things it could not.
Read the full summary
APPLICATION-to-the Supreme--Court for-a-writ-of mandamus. The- facts- are stated in the-opinion. First — The City and County of San Francisco is an integral part of the government of the State and the general Statute of Limitations does not apply to it. Indeed from the very nature of things it could not. The State cannot be sued except by express permission and the limitations upon the right to sue or enforce a claim against it are the only statute of limitations required, or which would be apposite. Why should there be a limitation upon the right to sue' when no such right exists ?…
1Opinion of the CourtWallace, J.
This is an application made to this Court, for a writ of mandamus, against the Auditor of the City and County of San Francisco, requiring him to audit and allow the claim of the petitioner for salary as a member of the Board of Fund Commissioners.
The petitioner was treasurer of the city and county, from October 7, 1861, to May 6, 1865, and was, ex officio, a member of the Board of Fund Commissioners, by force of the Act of May, 1865, to provide for the funding of the debt of *470tbe City of San Francisco, (Stats. 1955, p. 285,) and by the sixth section of that Act, his salary as a member of the…
2Cited by1 opinion
- Geimann v. Board of Police Commr's.California Supreme Court · 1910