Legal Opinion

Attorney General v. State Board of Judges

California Supreme Court

Decided July 1, 1869PublishedCited by 9 opinions

In this case, original proceedings were instituted before the Supreme Court by petition, on the part of the Attorney General, in behalf of the People of the State, for a writ of certiorari, to review the action of “the State Board of Judges, ” in awarding certain premiums therein complained of, and which, it was alleged, were in excess of their jurisdiction, because the Board of Judges had proceeded under the Act of 1866, which, it was contended, was repealed by an Act of…

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In this case, original proceedings were instituted before the Supreme Court by petition, on the part of the Attorney General, in behalf of the People of the State, for a writ of certiorari, to review the action of “the State Board of Judges, ” in awarding certain premiums therein complained of, and which, it was alleged, were in excess of their jurisdiction, because the Board of Judges had proceeded under the Act of 1866, which, it was contended, was repealed by an Act of 1868; and because—in making their awards, they had adopted a wrong interpretation of the expression, “each plantation of…

1Opinion of the CourtRhodes, J.

We agree with respondents, that, although there is in the Act of 1868, for the encouragement of silk culture, a section repealing the Act of 1866 in relation to the same subject, the second section of the Act of 1868, providing that persons may claim premiums under the Act of 1866, and forbidding those claiming premiums under either Act from claiming under the other Act also, shows that the Act of 1866 was not repealed for all purposes. It was, in our opinion, left in force for the benefit of all those who had, at the time of the passage of the Act of 1868, already planted mulberry trees…

2Cited by9 opinions

  1. Prager v. IsrealCalifornia Supreme Court · 1940
  2. Town of Needham v. Winslow Nurseries, Inc.Massachusetts Supreme Judicial Court · 1953
  3. Story v. ChristinCalifornia Supreme Court · 1939
  4. Estate of MitchellCalifornia Supreme Court · 1938
  5. Jackson & Perkins Co. v. Stanislaus County Board of SupervisorsCalifornia Court of Appeal · 1959

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