Legal Opinion

Whipley v. McKune

California Supreme Court

Decided January 15, 1859PublishedCited by 24 opinions

Appeal from the County Court of Sacramento County. The facts of this case appear in the opinion of the Court.

1Opinion of the CourtBaldwin, J.

This proceeding is taken under the statute of this State, (Wood’s Dig., pp. 375 to 382) art. 2155, secs. 51 and 52, and the object of *257it is to contest and to vacate the election of defendant, McKune, as Judge of the Sixth Judicial District. The complaint was, on motion, dismissed by the County Judge, before whom the proceedings were had; and this appeal is from that order. The effect of this motion is not greater than that of a general demurrer, and if that could not be sustained, neither could this motion be. This involves an inquiry into the legal sufficiency of the complaint. The complaint…

2Cases cited4 opinions

  1. In re the election of Directors of the Mohawk & Hudson RailroadNew York Supreme Court · 1838
  2. People ex rel. Garmo v. BartlettNew York Supreme Court · 1831
  3. Greenleaf v. LowNew York Supreme Court · 1847
  4. Trueheart v. AddicksTexas Supreme Court · 1847

3Cited by24 opinions

  1. Taylor v. TaylorSupreme Court of Minnesota · 1865
  2. Krickbaum's Contested ElectionSupreme Court of Pennsylvania · 1908
  3. People ex rel. Lee v. PrewettCalifornia Supreme Court · 1899
  4. State Ex Rel. Manhattan Const. Co. v. BarnesSupreme Court of Oklahoma · 1908
  5. Collins v. Safeway Stores, Inc.California Court of Appeal · 1986

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