Legal Opinion

People ex rel. S.F. Gas Co. v. Bd. of Supervisors of S.F.

California Supreme Court

Decided July 1, 1858PublishedCited by 7 opinions

Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. . This was an application, on the part of the plaintiffs, to the Court below, for a mandamus to compel the defendants, as a Board of Supervisors of the City and County of San Francisco, to audit an account of the plaintiffs for gas furnished the city for lighting the streets and City Hall, in pursuance of a contract made with the city and James Donar hue & Co., and assigned by Donahue &…

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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. . This was an application, on the part of the plaintiffs, to the Court below, for a mandamus to compel the defendants, as a Board of Supervisors of the City and County of San Francisco, to audit an account of the plaintiffs for gas furnished the city for lighting the streets and City Hall, in pursuance of a contract made with the city and James Donar hue & Co., and assigned by Donahue & Co. to the relators. The application was made upon affidavit and notice to the defendants. Three separate grounds of…

1Opinion of the Court 1

The mandamus, as granted, commands the Supervisors “ to audit the accounts of the relator set forth in the affidavit of J. Gr. Eastland,” &c.

The term audited in reference to demands on the treasury, is to be understood as meaning “ passed upon and finally allowed.” Consolidation Act, 1856, §83.

The Legislature at the session of 1858, passed an Act for the Relief of the San Francisco Gas Company, (Stat. 1858, p. 46) which gives to the Supervisors the only power they have in relation to the claims of the Gas Company. Sec. 1 authorizes them to adjust, audit, allow and cause to be paid, &e., the…

Also in this document: Opinion of the Court · Baldwin.

2Cases cited2 opinions

  1. People ex rel. Smith v. OldsCalifornia Supreme Court · 1853
  2. Tuolumne County v. Stanislaus CountyCalifornia Supreme Court · 1856

3Cited by7 opinions

  1. North River Electric Light & Power Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
  2. State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
  3. Crandall v. Amador CountyCalifornia Supreme Court · 1862
  4. People ex rel. Hunt v. Board of SupervisorsCalifornia Supreme Court · 1865
  5. Harris v. Bd. of Supervisors of S.F.California Supreme Court · 1878

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