People ex rel. Orr v. Whiting
California Supreme Court
Appeal from a judgment of the Superior Court of Plumas County. The act in question provided, among other things, that the office of county recorder in Plumas County should be separated from the office of county clerk, and that a county recorder should be elected at the general election in 1879, and every two years thereafter.
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Appeal from a judgment of the Superior Court of Plumas County. The act in question provided, among other things, that the office of county recorder in Plumas County should be separated from the office of county clerk, and that a county recorder should be elected at the general election in 1879, and every two years thereafter. These provisions took effect immediately, and under them the defendant was elected county recorder at the general election in 1882, the time for holding the election having been changed by the Constitution. The relator was county clerk, and claimed to be ex-officio…
1Opinion of the CourtSharpstein, J.
By its terms, so much of the act of the legislature entitled “an act in relation to certain officers in Plumas County, and to fix the compensation thereof,” approved March 26, 1878, as provides for the election of a county recorder, took effect immediately and prior to the adoption of the present Constitution. Other parts of the act were by its terms not to take effect until the first Monday of March, 1880, and consequently were not in force at the adoption of said Constitution, which provides: “ That all laws in force at the adoption of this Constitution, not inconsistent therewith, shall…
2Cases cited3 opinions
- Peachey v. Board of SupervisorsCalifornia Supreme Court · 1881
- Whiting v. HaggardCalifornia Supreme Court · 1882
- Speegle v. JoyCalifornia Supreme Court · 1882
3Cited by5 opinions
- City of Gaylord v. Gaylord City ClerkMichigan Supreme Court · 1966
- Costello v. ScottNevada Supreme Court · 1908
- State ex rel. Stortroen v. LincolnSupreme Court of Minnesota · 1916
- City of Gaylord v. Gaylord City ClerkMichigan Supreme Court · 1966
- City of Gaylord v. Gaylord City ClerkMichigan Supreme Court · 1966