Linden v. Board of Supervisors
California Supreme Court
The county seat of Alameda County had been fixed at San Leandro since 1856. Sections three thousand nine hundred and seventy-six and three thousand nine hundred and seventy-seven of the Political Code require the Board of Supervisors of a county, upon the petition of the electors of the county, equal in number to one third of all the votes cast in the county at the last preceding election, to order an election to be held, to determine the question- of the removal ' of the…
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The county seat of Alameda County had been fixed at San Leandro since 1856. Sections three thousand nine hundred and seventy-six and three thousand nine hundred and seventy-seven of the Political Code require the Board of Supervisors of a county, upon the petition of the electors of the county, equal in number to one third of all the votes cast in the county at the last preceding election, to order an election to be held, to determine the question- of the removal ' of the county seat. The petitioner, Linden, stated that he was a qualified elector in the county, and that on the 22d day of…
1Opinion of the Court
By the Court:
The statute (Pr. Act, Sec. 468) provides that the writ of mandamus shall be issued “ on the application of the party beneficially interested.” This necessarily means that in an application made by a private party his interest must be of a nature which is distinguishable from that of the mass of the community. (People ex rel. Drake v. Regents, 4 Mich. 98; Heffner v. Commonwealth, 28 Penn. St. R. 108; Sanger v. County Commissioners of Kennebec, 25 Maine R. 291.)
The party applying here appears to have no interest, beneficial or otherwise, other than such interest as each one of the…
2Cases cited1 opinion
- People ex rel. Drake v. Regents of the UniversityMichigan Supreme Court · 1856
3Cited by10 opinions
- Conn v. City CouncilCalifornia Court of Appeal · 1911
- Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
- Marini v. GrahamCalifornia Supreme Court · 1885
- Fuller v. San Bernardino Valley Municipal Water DistrictCalifornia Court of Appeal · 1966
- Lyon v. RiceSupreme Court of Connecticut · 1874
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