Bannerman v. Boyle
California Supreme Court
APPLICATION for a Writ of Mandamus directed to the Auditor of the City and County of San Francisco. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
—This is an original proceeding in this court for a writ of mandate to compel the defendant to audit and approve plaintiff’s demands against' the city and county of San Francisco for his monthly salary as member of the board of education, for each month from March, 1910, to December, 1910, inclusive.
The principal defense is that the plaintiff, during that period, had no right or title to the office, but was a mere usurper. It is conceded that he was in exclusive possession of the office as a de facto officer, and performed all the duties of the office during the time for which he claims his…
2Cases cited28 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Dullam v. WillsonMichigan Supreme Court · 1884
- Biggs v. McBrideOregon Supreme Court · 1889
- McKannay v. HortonCalifornia Supreme Court · 1907
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
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3Cited by49 opinions
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- Fascination, Inc. v. HooverCalifornia Supreme Court · 1952
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Carroll v. California Horse Racing BoardCalifornia Supreme Court · 1940
- DiGenova v. State Board of EducationCalifornia Supreme Court · 1955
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