People ex rel. Dunn v. Bunker
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The defendant was the commissioner of immigration for the port of San Francisco from January 19,1880, to March 15,1883. Between those dates, as such officer, he collected $40,871.60 from the masters, owners, and consignees of vessels arriving at the port of San Francisco from foreign ports and places, on account of passengers inspected by him on board of the vessels, according to the provisions of section 2955 of the Political Code. On the 1st of February, 1883, the…
1Opinion of the CourtMyrick, J.
Action to recover from the defendant moneys received by ,him, as commissioner of immigration, under section 2955 of the Political Code. The court below allowed the defendant for his salary and office expenses actually paid, and rendered judgment against him for the surplus, with damages and interest as specified in section 437 of the Political Code.
1. The defendant, having assumed to act under a *215statute of this state, and having collected moneys according to the letter of that statute, cannot be heard to say that the statute was in conflict with the constitution of the United States, that he…
2Cases cited3 opinions
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