People v. Brenham
California Supreme Court
Appeal from the Fourth Judicial District. This action was brought by the plaintiff, by their attorney-general, upon the complaint of Stephen R. Harris, against the defendant, and avers that defendant is now, and has been since the 3d September, 1851, unlawfully holding and exercising the office of mayor of the City of San Francisco.
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Appeal from the Fourth Judicial District. This action was brought by the plaintiff, by their attorney-general, upon the complaint of Stephen R. Harris, against the defendant, and avers that defendant is now, and has been since the 3d September, 1851, unlawfully holding and exercising the office of mayor of the City of San Francisco. That said Harris was, on the 3d September aforesaid, duly elected to fill the said office, and is now entitled to hold and occupy the same, and had qualified as required by law; and had demanded of defendant the said office, with the books, papers, &c., who had…
1Concurrence
Murray, Justice.
Although I concur with the conclusions of the Chief Justice, I have been led to them by a somewhat different train of reasoning, and desire to state my views upon the questions arising in this case.
The only points of any importance for our decision are, 1st, does the City Charter provide for an election for city officers to be held in September, 1851, at the general election for state officers ? And 2d, if such an election was 'contemplated and provided for, was the election of the relator valid and sufficient ? Those portions of the Charter which relate to the time of…
2Cases cited1 opinion
- Hasbrouck v. BurhansNew York Supreme Court · 1887