Magee v. Bd. of Supervisors of Cty. of Calaveras
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. The facts appear in the opinion of the Court. Defendants had judgment in the Court below, and plaintiff appealed.
1Opinion of the CourtTerry, C. J.
Baldwin, J., and Field, J., concurring.
This was an application for a mandarnus to compel the supervisors of Calaveras county to issue to the plaintiff a certificate of his election as county treasurer.
By law, it is the duty of the supervisors to canvass the returns of the vote of their county, and to ascertain and declare for whom the greater number of legal votes are cast.
If they neglect this duty, the Court will award a mandamus to compel them to act; but can not control their action.
The defendants, as appears from the pleadings, had proceeded to canvass the votes, and in the exercise of…
2Cases cited2 opinions
- Hull v. SupervisorsNew York Supreme Court · 1821
- People ex rel. Wilson v. Supervisors of AlbanyNew York Supreme Court · 1815
3Cited by10 opinions
- Trunick v. Town of NorthviewWest Virginia Supreme Court · 1917
- State v. Deschutes CountyOregon Supreme Court · 1918
- State ex rel. Dent v. McLennanWashington Supreme Court · 1920
- People ex rel. Wicks v. JonesCalifornia Supreme Court · 1862
- State ex rel. Porter v. BivensWest Virginia Supreme Court · 1967
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