Legal Opinion

French v. Senate

California Supreme Court

Decided April 28, 1905No. Sac. No. 1359PublishedCited by 78 opinions

APPLICATION for Writ of Mandate to the State Senate. The facts are stated in the opinion of the court. George D. Collins, H. V. Morehouse, J. E. Alexander, P. Jacobs, and William F. James, for Petitioners.-

1Opinion of the CourtShaw, J.

This is an original proceeding in mandamus to compel the senate of the state of California to admit the petitioners as members thereof. The case was submitted to this court upon a general demurrer to the petition and the writ denied.

The petitioners were duly elected senators of the state from the respective districts which they represent, and each duly qualified and acted as a member of the senate at the thirty-sixth regular session until the twenty-seventh day of February, 1905, when they were by the senate expelled therefrom for malfeasance in office, consisting of taking a bribe to influ-;…

2Cases cited7 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Shurtleff v. United StatesSupreme Court of the United States · 1903
  3. Mullan v. StateCalifornia Supreme Court · 1896
  4. Matter of CarterCalifornia Supreme Court · 1903
  5. Ohm v. City & County of San FranciscoCalifornia Supreme Court · 1891

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3Cited by78 opinions

  1. Serrano v. PriestCalifornia Supreme Court · 1976
  2. Hammell v. BrittonCalifornia Supreme Court · 1941
  3. Livermore v. BealCalifornia Court of Appeal · 1937
  4. Walker v. BakerTexas Supreme Court · 1946
  5. Monserrate v. New York State SenateCourt of Appeals for the Second Circuit · 2010

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