In re Oliverez
California Supreme Court
Appeal from the Twelfth Judicial District. The Legislature of 1861 proposed certain amendments to the Constitution, of which article six, providing for the reorganization of the judiciary department, will be found in foil at the close of this volume. These amendments were adopted by the Legislature of 1862, and at the general election of that year were submitted to a vote of the people of the State.
Read the full summary
Appeal from the Twelfth Judicial District. The Legislature of 1861 proposed certain amendments to the Constitution, of which article six, providing for the reorganization of the judiciary department, will be found in foil at the close of this volume. These amendments were adopted by the Legislature of 1862, and at the general election of that year were submitted to a vote of the people of the State. On the fourth of November thereafter, the Governor issued a proclamation declaring the adoption of the amendments by a majority of the popular vote. The petitioner was, on the ninth of December,…
1Opinion of the CourtNorton, J.
Field, C. J. and Cope, J. concurring.
Carlos Oliverez is imprisoned in the jail of the county of San Francisco, under a sentence pronounced by the Court of Sessions of that county, on the ninth day of December, 1862, and claims his release upon an allegation that at the time said sentence was pronounced there was no such tribunal as the Court of Sessions existing in said county.
In support of this allegation he insists that the amendments to the Constitution submitted to the people at the last election went into operation on the fourth day of November last, being the date of the proclamation…
2Cited by9 opinions
- People ex rel. Attorney General v. ProvinesCalifornia Supreme Court · 1868
- Kingsbury v. NyeCalifornia Court of Appeal · 1908
- People v. McGuireCalifornia Supreme Court · 1867
- Ex parte PrindleCalifornia Supreme Court · 1905
- Monteith v. Union Pacific, Denver & Gulf Railway Co.Colorado Court of Appeals · 1899
4 more not listed; retrieve them via the Exa API.