Legal Opinion

People ex rel. Stratton v. Oulton

California Supreme Court

Decided April 15, 1865PublishedCited by 45 opinions

Appeal from the District Court, Sixth Judicial District, Sacramento County. This proceeding was commenced in the Supreme Court. The writ of mandate was applied for on affidavit and notice. The following are copies of the same: State of California, ) County of Sacramento, j William C. Stratton, being duly sworn, deposes and says: That during the twelfth session of the Legislature of this State, an Act was passed, “ prescribing rules for the government of the State Library.”

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Appeal from the District Court, Sixth Judicial District, Sacramento County. This proceeding was commenced in the Supreme Court. The writ of mandate was applied for on affidavit and notice. The following are copies of the same: State of California, ) County of Sacramento, j William C. Stratton, being duly sworn, deposes and says: That during the twelfth session of the Legislature of this State, an Act was passed, “ prescribing rules for the government of the State Library.” Said Act was approved by the -Governor on the eighth day of March, A. D. 1861. The first section of said Act provides…

1Opinion of the Court

*51By the Court,

Shafter, J.

Stratton, the applicant in this proceeding, prays the Court that a peremptory writ of mandamus may be awarded, requiring Oulton, the State Controller, to issue his warrant on the Treasurer for the sum of one hundred dollars and eighty cents, due for the applicant’s salary as State Librarian, from the 17th to the 31st days of March, 1865.

Stratton was duly appointed State Librarian in March, 1861, and his term of office, assuming that he could under no circumstances hold it more than four years by virtue of that appointment, expired on the 16th of March, 1865.

At a…

2Cases cited4 opinions

  1. People on rel. Morton v. TiemanNew York Supreme Court · 1859
  2. Nash v. SmithSupreme Court of Connecticut · 1827
  3. Congregational Society of Bethany v. SperrySupreme Court of Connecticut · 1834
  4. Wier v. BushCourt of Appeals of Kentucky · 1823

3Cited by45 opinions

  1. State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
  2. People v. TiltonCalifornia Supreme Court · 1869
  3. People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
  4. People Ex Rel. Bledsoe v. CampbellCalifornia Supreme Court · 1902
  5. State ex rel. Everding v. SimonOregon Supreme Court · 1891

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