People ex rel. Attorney-General v. Scannell
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was a proceeding in the District Court of the Twelfth Judicial District, under the q>rovisions of the three hundred and tenth, and following sections, of the Practice Act, against the defendant, for unlawfully holding and exercising the office of sheriff, of the County and City of San Francisco.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was a proceeding in the District Court of the Twelfth Judicial District, under the q>rovisions of the three hundred and tenth, and following sections, of the Practice Act, against the defendant, for unlawfully holding and exercising the office of sheriff, of the County and City of San Francisco. The information states substantially, that the defendant was elected sheriff of the County of San Francisco in September, 1855, took the oath of office, gave bonds, and duly entered upon the duties…
1Opinion of the CourtBurnett, J.
The first question arising upon the record, regards the validity of the proceedings before the County Judge. These proceedings were had under the act of May, 18, 1853, Comp. L., 772. The first section requires “ any Court, Judge, board, officer, or person, whose duty it is to approve' the official bond of any officer,” to issue, under certain circumstances, shown to exist by the affidavit of a credible witness, a citation to such officer to appear and show cause why his office should not be vacated; and if the officer fail to show good cause, or fail to give amjile additional security, an…
2Cases cited7 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Ring v. GibbsNew York Supreme Court · 1841
- Henderson v. BrownNew York Supreme Court · 1803
- Van Deusen v. HaywardNew York Supreme Court · 1837
- Speck v. CommonwealthSupreme Court of Pennsylvania · 1842
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3Cited by8 opinions
- Kelly v. Van AustinCalifornia Supreme Court · 1861
- Klose v. Superior CourtCalifornia Court of Appeal · 1950
- Gilbert v. CraddockSupreme Court of Kansas · 1903
- Hull v. Superior CourtCalifornia Supreme Court · 1883
- People v. EvansCalifornia Supreme Court · 1866
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