People ex rel. Dickenson v. Banvard
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. The defendant was elected Treasurer of the County of Placer, at the general election in 1862, and afterwards qualified and entered upon the discharge of its duties.
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Appeal from the District Court, Fourteenth Judicial District, Placer County. The defendant was elected Treasurer of the County of Placer, at the general election in 1862, and afterwards qualified and entered upon the discharge of its duties. By the law, as it then stood, his term commenced on the first Monday in December, 1862, and extended to the first Monday in March, 1865. By the Act of 1863, (see Laws of 1863, p. 387, Sec. 11,) it was provided that all county officers in every county of this State shall be elected at the general election in 1863, and of every second year thereafter, and…
1Opinion of the Court
By the Court, Shafter, J.
This is an information filed by the Xttorney-Greneral on the relation of Dickenson, alleging that the defendant has usurped the office of Treasurer of Placer County, and that the office of right belongs to the relator. The appeal is from the judg-' ment. We shall consider the errors alleged, in the order in which they are set down in the statement.
First—“ The Court erred in refusing respondent’s motion for a nonsuit.” By the three hundred and thirty-eighth section of the Practice Act, a party who appeals from a judgment or order, with a stateznent annexed, is required…
2Cases cited3 opinions
- Mateer v. BrownCalifornia Supreme Court · 1850
- People ex rel. Attorney-General v. SquiresCalifornia Supreme Court · 1859
- Deputy v. Stapleford & WillisCalifornia Supreme Court · 1861
3Cited by11 opinions
- Loral Corp. v. MoyesCalifornia Court of Appeal · 1985
- State ex rel. Martin v. KalbWisconsin Supreme Court · 1880
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Coffey v. GreenfieldCalifornia Supreme Court · 1882
- Ford v. Board of State Harbor CommissionersCalifornia Supreme Court · 1889
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