Soher v. Supervisors of Calaveras County
California Supreme Court
Application to the Supreme Court, m the exercise of original jurisdiction, for a writ of mandate to the Supervisors of Calaveras County.
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Application to the Supreme Court, m the exercise of original jurisdiction, for a writ of mandate to the Supervisors of Calaveras County. The petitioner alleged that he was the holder of certain bonds, issued in pursuance of “ An Act to fund the indebtedness of Calaveras County,” passed April 14, 1861; that the Board of Supervisors of Calaveras County had refused to levy any tax or to make any provision for the payment of said bonds, or for any interest thereon accruing since January, 1868 ; that there is money in the treasury of said county properly applicable to the payment of the interest…
1Opinion of the CourtRhodes, C. J.
There is no necessity for the discussion in this case of the constitutional question which has been argued with much force by the petitioner’s counsel—the question whether the Legislature has the power, notwithstanding the prohibition of the Constitution of the United States, and of the State, to require a bond creditor of a county to accept, in lieu of his bonds, new bonds payable at a later date, and bearing a lower rate of interest than those he holds. The Act of 1868, to fund the indebtedness of Calaveras County (Stats. 1867-8, p. 301), does not expressly repeal the Funding Act of 1861…
2Cases cited1 opinion
- Beals v. Board of SupervisorsCalifornia Supreme Court · 1865
3Cited by6 opinions
- Davis v. PorterCalifornia Supreme Court · 1885
- Irvine v. Reclamation District No. 108California Supreme Court · 1944
- Kendall v. PorterCalifornia Supreme Court · 1898
- Nash v. El Dorado Co.United States Circuit Court · 1885
- Bates v. GerberCalifornia Supreme Court · 1890
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