McKannay v. Horton
California Supreme Court
APPLICATION for a Writ of Mandate to the Auditor of the City and County of San Francisco. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
This is a petition for a writ of mandate to compel the allowance of a claim for salary of the secretary of the mayor of San Francisco. There- are two persons claiming to be mayor de jure of the city, and each is assuming to act in that capacity. Each has appointed a secretary, both of whom have presented claims for salary for the month of July, 1907. The auditor cannot approve more than one claim, and, being uncertain which is valid, refuses to approve either. Practically, he takes the position of a stakeholder, willing to allow and certify the lawful claim as soon as it shall be determined…
2Cases cited5 opinions
- Morton v. BroderickCalifornia Supreme Court · 1897
- People ex rel. Smith v. OldsCalifornia Supreme Court · 1853
- People ex rel. Fleming v. ShorbCalifornia Supreme Court · 1893
- People v. TreadwellCalifornia Supreme Court · 1885
- People ex rel. Tracy v. BriteCalifornia Supreme Court · 1880
3Cited by59 opinions
- People Ex Rel. Keenan v. McGuaneIllinois Supreme Court · 1958
- Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936
- Bell v. Treasurer of CambridgeMassachusetts Supreme Judicial Court · 1941
- Helena Rubenstein Internat. v. YoungerCalifornia Court of Appeal · 1977
- Bannerman v. BoyleCalifornia Supreme Court · 1911
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