Payne v. City of San Francisco
California Supreme Court
Appeal from the Superior Court of San Francisco. The plaintiff claimed to be Street Commissioner of the said city, duly elected and qualified, and duly performing the duties of said office; that as such, he is entitled to a salary of $4,000 per annum, fixed by law, payable monthly by defendant; that he performed the duties of the said office for the month of March last, and became entitled to the sum of $333 33 for said services, yet defendant, though requested, &c., had…
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Appeal from the Superior Court of San Francisco. The plaintiff claimed to be Street Commissioner of the said city, duly elected and qualified, and duly performing the duties of said office; that as such, he is entitled to a salary of $4,000 per annum, fixed by law, payable monthly by defendant; that he performed the duties of the said office for the month of March last, and became entitled to the sum of $333 33 for said services, yet defendant, though requested, &c., had refused payment, &c. The complaint also sets forth a claim for the value of plaintiff’s services performed in behalf of…
1Opinion of the CourtWells, Justice
Heydenfeldt, Justice, concurred.
To entitle the plaintiff to recover in the court below, it wasincumbent upon him to show, not only tha' o March, 1852, but, first, that he had been lawfully elected; and second, that he had qualified himself to hold the office, by taking the oath, and filing the bond, at the time and in the manner required by law. To entitle the plaintiff to recover in the the duties of the office of Street Commissioner for the month of
The validity of his election is conceded. The election took place on the 3d day of September, 1851, and the plaintiff took the oath of office…
2Cited by7 opinions
- Buswell v. Board of Supervisors of Alameda CountyCalifornia Supreme Court · 1897
- Miller v. County of KernCalifornia Supreme Court · 1907
- People ex rel. Finigan v. PerkinsCalifornia Supreme Court · 1890
- Thomas v. Boise CityIdaho Supreme Court · 1914
- Norton v. LewisCalifornia Court of Appeal · 1917
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