People ex rel. Smith v. Olds
California Supreme Court
Appeal from the Fourth Judicial District. The relator claimed to be duly elected to the office of Clerk of the Superior Court of San Francisco, and in his petition set forth, on oath, the grounds of his claim at length, and the proceedings taken by him, to qualify and obtain possession of the records, papers, &c., connected therewith, of the defendant, then sitting and acting as Cleric of the said court, who protested against the claim of the relator, on account of the…
Read the full summary
Appeal from the Fourth Judicial District. The relator claimed to be duly elected to the office of Clerk of the Superior Court of San Francisco, and in his petition set forth, on oath, the grounds of his claim at length, and the proceedings taken by him, to qualify and obtain possession of the records, papers, &c., connected therewith, of the defendant, then sitting and acting as Cleric of the said court, who protested against the claim of the relator, on account of the insufficiency of the evidence of his claim, as .exhibited by him. The relator further claimed damages from the defendant by…
1Opinion of the CourtWells, Justice
Heydenfeldt, Justice, concurred.
This is an application for an alternative mandamus to the defendant, to compel him to hand over to the relator the books and papers of the office of the Clerk of the Superior Court of the City of San Francisco, and to allow him to enter upon the discharge of said office, to which he claims to have been elected.
To the general allegations contained in the application of the relator, the defendant filed a general demurrer, on the ground that the relator should have sought his remedy against the defendant by an action upon information in the nature of a quo…
2Cases cited1 opinion
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
3Cited by29 opinions
- Phelan v. Superior CourtCalifornia Supreme Court · 1950
- Biggs v. McBrideOregon Supreme Court · 1889
- McKannay v. HortonCalifornia Supreme Court · 1907
- Nicolopulos v. City of LawndaleCalifornia Court of Appeal · 2001
- Morton v. BroderickCalifornia Supreme Court · 1897
24 more not listed; retrieve them via the Exa API.