Kelly v. Edwards
California Supreme Court
Application for a writ of mandate. The facts are stated in the head-notes and opinion of the court.
1Opinion of the CourtMcKinstry, J.
The allegation of the petition is, in effect, that the respondents refuse to recognize the validity of the appointments of November 9, 1875, or to permit the petitioners to sit and act as members of the board of fire commissioners, under and by virtue of their November appointments respectively. The petition shows that Siebe was a commissioner under an appointment for a term to expire December 5, 1885, and until his successór should qualify. There is no express averment in the petition,—and no averment from which it is necessarily inferable that Siebe has not continued to serve as fire…
2Cases cited1 opinion
- Lewis v. WhittleSupreme Court of Virginia · 1883
3Cited by17 opinions
- Morton v. BroderickCalifornia Supreme Court · 1897
- Klose v. Superior CourtCalifornia Court of Appeal · 1950
- Potomac Oil Co. v. DyeCalifornia Court of Appeal · 1909
- State ex rel. Lewellen v. SmithNebraska Supreme Court · 1896
- Spaulding v. DesmondCalifornia Supreme Court · 1922
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