Legal Opinion

City of Los Angeles v. Lelande

California Supreme Court

Decided December 22, 1909No. S.F. No. 5430PublishedCited by 4 opinions

1Opinion of the Court

The petition is denied.

The application is within the precedent established by City ofLos Angeles v. Hance, 137 Cal. 490, [70 P. 475], but the court is of the opinion that this decision should not be followed. The city clerk is a purely ministerial officer, whose duty it is to sign any and every ordinance which has been duly passed, regardless of any views which he may entertain as to its legality or illegality. Mandate directed against the clerk for his refusal to sign an ordinance could properly go no further than to order him to perform his plain duty, and any discussion touching the…

2Cases cited1 opinion

  1. City of Los Angeles v. HanceCalifornia Supreme Court · 1902

3Cited by4 opinions

  1. Golden Gate Bridge & Highway District v. FeltCalifornia Supreme Court · 1931
  2. Thoits v. ByxbeeCalifornia Court of Appeal · 1917
  3. Marin Municipal Water District v. DolgeCalifornia Supreme Court · 1916
  4. County of Orange v. BacksCalifornia Court of Appeal · 1926

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