Fowler v. Peirce
California Supreme Court
Appeal from the Sixth Judicial District. Fowler filed his petition in the District Court of Sacramento, on the 11th of February, 1852, stating that he was a member of the Assembly, and as such, entitled to compensation at the rate of $16 per day; that the State was indebted to him in the sum of $592, for thirty-seven days’ services, from the 5th of January to the 10th of February, 1852, inclusive; an account of which, approved by the chairman of the committee on accounts,…
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Appeal from the Sixth Judicial District. Fowler filed his petition in the District Court of Sacramento, on the 11th of February, 1852, stating that he was a member of the Assembly, and as such, entitled to compensation at the rate of $16 per day; that the State was indebted to him in the sum of $592, for thirty-seven days’ services, from the 5th of January to the 10th of February, 1852, inclusive; an account of which, approved by the chairman of the committee on accounts, and signed by the speaker of the Assembly, was annexed to the petition ; that he had presented the said account to Peirce,…
1Opinion of the CourtChief Justice Murray
It is contended by the appellee, that the judgment of the Court below must be affirmed, because there are no questions raised upon the record on which it can be reversed : and that the plaintiff should have filed a replication to the defendant’s answer, in order to bring the questions now raised properly before the Court. The complainant avers that he is entitled to a certain per diem compensation under the constitution, for services as a member of the legislature. The answer admits the services, but denies the per diem claimed, and alleges that the plaintiff is only entitled to a less sum,…
2Cited by46 opinions
- People v. KnowlesCalifornia Supreme Court · 1950
- Fergus v. RusselIllinois Supreme Court · 1915
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Mandel v. MyersCalifornia Supreme Court · 1981
- Sherman v. StoryCalifornia Supreme Court · 1866
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