Legal Opinion

City of San Buenaventura v. McGuire

California Court of Appeal

Decided July 8, 1908No. Civ. No. 530PublishedCited by 5 opinions

PETITION for writ' of mandate to the President of the Board of Trustees of the City of San Buenaventura. The facts are stated in the opinion of the court.

1Opinion of the Court

Petition for writ of mandate.

San Buenaventura is a city of the fifth class, the government of which, by the general municipal incorporation act of 1883, is vested in a board of five trustees. By a vote of three of the trustees, being the petitioners herein, an ordinance, in the exercise of the police power, was passed imposing a penalty. The president of the board and one other member thereof voted against such ordinance, and the president, relator herein, refuses to sign the ordinance and this proceeding is instituted to compel such action on the part of the president.

A demurrer is…

2Cases cited5 opinions

  1. Morton v. BroderickCalifornia Supreme Court · 1897
  2. In re MitchellCalifornia Supreme Court · 1898
  3. Felton v. WestCalifornia Supreme Court · 1894
  4. Barber v. MulfordCalifornia Supreme Court · 1897
  5. Board of Commissioners v. Board of TrusteesCalifornia Supreme Court · 1886

3Cited by5 opinions

  1. Pacific Palisades Ass'n v. City of Huntington BeachCalifornia Supreme Court · 1925
  2. Adler v. City CouncilCalifornia Court of Appeal · 1960
  3. Certified Grocers of California, Ltd. v. State Board of EqualizationCalifornia Court of Appeal · 1950
  4. City of San Diego v. CappsCalifornia Court of Appeal · 1917
  5. Bartlett v. BellCalifornia Court of Appeal · 1922

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