Carroll v. Siebenthaler
California Supreme Court
This was an application to this Court for a writ of mandate. At the general election held in the County of Amador on the 6th day of September, 1865, James Carroll was elected Supervisor of the First Supervisor District, in said county, for the term of three years, commencing on the 2d day of October, 1865. The Board of Supervisors, however, declared Charles II. Ingalls elected, and said Ingalls qualified and entered into possession of the office.
Read the full summary
This was an application to this Court for a writ of mandate. At the general election held in the County of Amador on the 6th day of September, 1865, James Carroll was elected Supervisor of the First Supervisor District, in said county, for the term of three years, commencing on the 2d day of October, 1865. The Board of Supervisors, however, declared Charles II. Ingalls elected, and said Ingalls qualified and entered into possession of the office. Carroll commenced suit to try the right to the office in the District Court of the Eleventh Judicial District for Amador County, and the suit was…
1Opinion of the Court
By the Court, Rhodes, J.:
The principle that the salary annexed to a public office is incident to the title to the office, and not to its occupation and exercise, was affirmed in Dorsey v. Smiih, 28 Cal. 21, and Stratton v. Oulton, 28 Cal. 44. The petitioner having been elected and qualified, and being ready and willing to enter upon the discharge of the duties of his office, became entitled to the salary attached to the office, and his right to the salary was unaffected by the fact that an usurper discharged the duties of the office. (Dorsey v. Smith, supra.)
The Act of February 7th, 1860…
2Cases cited2 opinions
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
- People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
3Cited by22 opinions
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Commissioners of Saline Co. v. AndersonSupreme Court of Kansas · 1878
- McFarland v. McCowenCalifornia Supreme Court · 1893
- Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
17 more not listed; retrieve them via the Exa API.