Legal Opinion

Gross v. Kenfield

California Supreme Court

Decided July 1, 1881No. 7,333PublishedCited by 2 opinions

Application for the writ of mandamus. The petition states that the defendant is controller of the State of California. That on the 9th day of August, 1880, the plaintiff presented to the defendant his claim for $333.33 for his salary for one month as clerk of Supreme Court, and the defendant refused to issue his warrant therefor, and the plaintiff prays that the writ issue to compel the defendant to issue his warrant for said sum.

1Opinion of the Court

The Court :

The petitioner was elected Clerk of the Supreme Court under a clause of § 10, art. xxii, of the Constitution, which *627provides that “the first officers chosen after the adoption of this Constitution shall be elected at the time and in the manner now provided by law.” And the terms of office of all such officers are fixed by another clause of the same section. The Constitution, so far as it “ relates to the election of officers,” and “ the commencement of their terms of office,” went into effect July 4th, 1879. (§ 12, art. xxii.) The law then in force relating to the time and manner…

2Cited by2 opinions

  1. Patty v. County of GreenleeArizona Supreme Court · 1913
  2. Lloyd v. Silver Bow CountyMontana Supreme Court · 1891

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