People ex rel. Jackson v. Supervisors Kern County
California Supreme Court
Appeal from the County Court of Kern County. The petitioner applied for a writ of mandate to require the Board of Supervisors, as a Board of Canvassers, to canvass the returns of certain election precincts at an election held February 15th, 1873, for the purpose of selecting a county seat for Kern County. The Code of Civil Procedure, section eighty-five, subdivision five, provides that County Courts may issue writs of mandate.
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Appeal from the County Court of Kern County. The petitioner applied for a writ of mandate to require the Board of Supervisors, as a Board of Canvassers, to canvass the returns of certain election precincts at an election held February 15th, 1873, for the purpose of selecting a county seat for Kern County. The Code of Civil Procedure, section eighty-five, subdivision five, provides that County Courts may issue writs of mandate. The respondents had judgment upon demurrer, and the petitioner appealed.
1Opinion of the Court
By the Court:
County Courts have original jurisdiction of actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, and of all such special cases and proceedings as are not otherwise provided for. (Const. Art. 6, Sec. 8.)
The familiar definition of a special case is that it is a case unknown to the general framework of Courts of law or equity. Writs of mandamus certainly cannot be held to be *680“ special cases ” within this definition, and it results that the Act of the Legislature, which attempts to confer power upon County Courts to issue…
2Cited by2 opinions
- Rosenbaum v. BauerSupreme Court of the United States · 1887
- Faut v. MasonCalifornia Supreme Court · 1873