Legal Opinion

People v. Bailey

California Court of Appeal

Decided May 26, 1916No. Civ. No. 1451PublishedCited by 17 opinions

APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. John E. Richards, and W. A. Beasly, Judges. The facts are stated in the opinion of the court.

1Opinion of the Court

ELLISON, J.,

pro tern. — This is an information in the nature of quo warranta against Elton R. Bailey to have it determined that the said Bailey has unlawfully intruded into and is unlawfully holding the position or office of captain of police of the city of San Jose, and that the relator, J. N. Black, is such captain of police and entitled to the possession of said office and to exercise the functions thereof. The city of San Jose, by permission of the court, filed a complaint in intervention. The judgment of the court was in favor of the relator and against the defendant Bailey and also…

2Cases cited12 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. Russell v. PlaceSupreme Court of the United States · 1877
  3. Lux v. HagginCalifornia Supreme Court · 1886
  4. State v. Port of TillamookOregon Supreme Court · 1912
  5. Bannerman v. BoyleCalifornia Supreme Court · 1911

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3Cited by17 opinions

  1. Steen v. Board of Civil Service CommissionersCalifornia Supreme Court · 1945
  2. United Bank & Trust Co. v. HuntCalifornia Supreme Court · 1934
  3. Nider v. City CommissionCalifornia Court of Appeal · 1939
  4. Johnson v. Fontana County Fire Protection DistrictCalifornia Supreme Court · 1940
  5. Stout v. Democratic County Central CommitteeCalifornia Supreme Court · 1952

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