Legal Opinion

Davis v. Porter

California Supreme Court

Decided April 27, 1885No. 8,817PublishedCited by 13 opinions

Mandamus to compel the treasurer of the city of Sacramento to pay certain coupons on bonds issued under the act of April 24, 1858. The petition prayed for a writ to “ command said respondent to pay the petitioner the amount due upon said coupons, to wit, the sum of $10,092, with interest thereon from the first day of January, 1872, besides his costs. ” On the 17th of September, 1884, the court, on the authority of Freehill v. Porter, 65 Cal. 603, ordered judgment in favor of…

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Mandamus to compel the treasurer of the city of Sacramento to pay certain coupons on bonds issued under the act of April 24, 1858. The petition prayed for a writ to “ command said respondent to pay the petitioner the amount due upon said coupons, to wit, the sum of $10,092, with interest thereon from the first day of January, 1872, besides his costs. ” On the 17th of September, 1884, the court, on the authority of Freehill v. Porter, 65 Cal. 603, ordered judgment in favor of the petitioner, that “ the writ issue as prayed for.” On the 9th of October, 1884, the judgment was modified, by…

1Opinion of the CourtThornton, J.

Only one question is before us for decision in this case, viz: Is the petitioner entitled to have the writ of mandate ordered by this court, commanding the treasurer of the city of Sacramento to pay interest on the interest due on the coupons which were not paid at maturity ?

It is alleged in the petition that there was due the petitioner by the city upon his coupons the sum of $10,092, besides interest thereon from the first day of January, 1872. The prayer of the petitioner is that the respondent, treasurer of the city aforesaid, be commanded to pay the petitioner the sum above mentioned,…

2Cases cited2 opinions

  1. Beals v. Board of SupervisorsCalifornia Supreme Court · 1865
  2. Soher v. Supervisors of Calaveras CountyCalifornia Supreme Court · 1870

3Cited by13 opinions

  1. Hewel v. HoginCalifornia Court of Appeal · 1906
  2. Sawyer v. ColganCalifornia Supreme Court · 1894
  3. Sheehan v. Board of Police CommissionersCalifornia Supreme Court · 1922
  4. Bates v. GerberCalifornia Supreme Court · 1890
  5. Heath v. Green City Irrigation DistrictSupreme Court of Colorado · 1932

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