Legal Opinion

Hallinan v. Mellon

California Court of Appeal

Decided July 16, 1963No. Civ. 20855PublishedCited by 22 opinions

1Opinion of the CourtBray, P. J.

Plaintiff appeals from judgment in favor of defendants after order sustaining demurrer without leave to amend.

Question Presented

Is the action one to try title to public office which can only be done by quo warranto ?

Record

Plaintiff brought a taxpayer’s suit against Thomas J. Mellon, a member of the Police Commission of the City and .County of San Francisco, and his surety, St. Paul Fire and Marine Insurance Company, for an injunction to restrain alleged wrongful payment of moneys to defendant Mellon and for the return of moneys allegedly wrongfully procured. The complaint alleged Mellon’s…

2Cases cited20 opinions

  1. Stigall v. City of TaftCalifornia Supreme Court · 1962
  2. Miller v. McKinnonCalifornia Supreme Court · 1942
  3. Terry v. BenderCalifornia Court of Appeal · 1956
  4. Wirin v. HorrallCalifornia Court of Appeal · 1948
  5. Osburn v. StoneCalifornia Supreme Court · 1915

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

3Cited by22 opinions

  1. Regents of University of California v. Superior CourtCalifornia Supreme Court · 1970
  2. Ziller Electronics Lab GmbH v. Superior CourtCalifornia Court of Appeal · 1988
  3. United States v. NussbaumDistrict Court, N.D. California · 1969
  4. West Coast Poultry Co. v. GlasnerCalifornia Court of Appeal · 1965
  5. Guardianship of Baby Boy M.California Court of Appeal · 1977

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

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