Legal Opinion

Crawford v. Dunbar

California Supreme Court

Decided July 1, 1877No. 5049PublishedCited by 17 opinions

Appeal from the County Court, County of San Joaquin. At the general election for county officers held in the County of San Joaquin on the first Wednesday in December, 1875, T. O. Crawford, S. G. S. Dunbar, and Jenny Phelps were voted for, for ¿he office of School Superintendent. Crawford received eleven hundred and eighty-two votes, Dunbar received seventeen hundred and two votes, and Phelps received eight hundred and thirty votes. Dunbar was declared elected.

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Appeal from the County Court, County of San Joaquin. At the general election for county officers held in the County of San Joaquin on the first Wednesday in December, 1875, T. O. Crawford, S. G. S. Dunbar, and Jenny Phelps were voted for, for ¿he office of School Superintendent. Crawford received eleven hundred and eighty-two votes, Dunbar received seventeen hundred and two votes, and Phelps received eight hundred and thirty votes. Dunbar was declared elected. Crawford contested his right to the office, in the County Court, under the provisions of the statute. On the 24th of March, 1875,…

1Opinion of the Court

1. The oral evidence was irrelevant and immaterial, as it did not go to any fact in dispute.

2. The Collector is a sworn officer, and acts under bond, also, for - “the true and faithful discharge” of his official duties. (Revised Statutes of United States, secs. 2616, 2617, 1756-9.)

3. He is authorized to administer oaths to subordinate officers of the Customs. (Statutes at Large U. S. vol. 18, p. 309; Act of February 8th, 1875, sec. 11.) And he has general power to administer oaths in matters appertaining to his office, and to certify such oaths in writing. (Revised Statutes U. S. sec. 2805,…

2Cases cited9 opinions

  1. Saunders v. HaynesCalifornia Supreme Court · 1859
  2. McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
  3. Douglass v. WickwireSupreme Court of Connecticut · 1849
  4. M'Lean v. HugarinNew York Supreme Court · 1816
  5. Dorland v. McGlynnCalifornia Supreme Court · 1873

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3Cited by17 opinions

  1. Book v. State Office Building CommissionIndiana Supreme Court · 1958
  2. Barnum v. GilmanSupreme Court of Minnesota · 1881
  3. Heney v. JordanCalifornia Supreme Court · 1918
  4. People ex rel. Hoffman v. HechtCalifornia Supreme Court · 1895
  5. People ex rel. Drew v. RodgersCalifornia Supreme Court · 1897

12 more not listed; retrieve them via the Exa API.

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