Legal Opinion

People v. Elkus

California Court of Appeal

Decided October 23, 1922No. Civ. No. 2448PublishedCited by 17 opinions

1Opinion of the CourtFinch, P. J.

As the result of an election held on the third day of May, 1921, the defendants were declared elected members of the city council of the city of Sacramento. They entered upon the discharge of their duties as such and have continuously thereafter acted as such city council. This suit was instituted to oust them from office on the ground that the charter provisions under which they were elected are unconstitutional. The defendants’ demurrer to the complaint was sustained and, the plaintiff declining to amend, judgment was entered for the defendants.

The Sacramento charter provides for the…

2Cases cited25 opinions

  1. United States v. FisherSupreme Court of the United States · 1805
  2. State ex rel. Zent v. NicholsWashington Supreme Court · 1908
  3. Spier v. BakerCalifornia Supreme Court · 1898
  4. Commonwealth ex rel. McCormick v. ReederSupreme Court of Pennsylvania · 1895
  5. Adams v. LansdonIdaho Supreme Court · 1910

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3Cited by17 opinions

  1. Otsuka v. HiteCalifornia Supreme Court · 1966
  2. Marine Forests Society v. California Coastal CommissionCalifornia Supreme Court · 2005
  3. Communist Party of United States of America v. PeekCalifornia Supreme Court · 1942
  4. Moore v. Election CommissionersMassachusetts Supreme Judicial Court · 1941
  5. Johnson v. City of New YorkNew York Court of Appeals · 1937

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