Walser v. Austin
California Supreme Court
Appeal from an order of the Superior Court of Fresno County granting the defendant a new trial, and from a subsequent judgment entered in favor of the defendant. On the third day of January, 1893, Firman Church, the district attorney of Fresno county, elected at the general election in 1892, appointed the plaintiff the assistant district attorney, at a salary of two thousand four hundred dollars a year.
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Appeal from an order of the Superior Court of Fresno County granting the defendant a new trial, and from a subsequent judgment entered in favor of the defendant. On the third day of January, 1893, Firman Church, the district attorney of Fresno county, elected at the general election in 1892, appointed the plaintiff the assistant district attorney, at a salary of two thousand four hundred dollars a year. The plaintiff immediately qualified and entered upon the duties of his office. On the 3d of February, 1893, the plaintiff demanded of the defendant, as auditor of Fresno county, that he issue…
1Opinion of the CourtDe Haven, J.
It was held in the case of Welsh v. Bramlet, 98 Cal. 219, that subdivision 21 of section 170 *130of the- County Government' Act, approved March 31, 1891 (Stats. 1891, p. 295), contains local and special legislation, and is in conflict with section 5 of article XI of the constitution of the state, which directs that the legislature by general and uniform laws shall provide for the election or appointment in the several counties of such county, township, and municipal officers “as public convenience may require, and shall prescribe their duties and fix their terms of office.” We can add nothing to…
2Cases cited1 opinion
- Welsh v. BramletCalifornia Supreme Court · 1893
3Cited by3 opinions
- Tulare County v. MayCalifornia Supreme Court · 1897
- Newman v. LesterCalifornia Court of Appeal · 1909
- Wines v. GarrisonCalifornia Supreme Court · 1923