Trout v. Gardiner
California Supreme Court
Appeal from the District Court of the Fifth District, Tuolumne County. This was an application to the District Court for a peremptory writ of mandamus, commanding respondent, as County Clerk and ex-officio Auditor and Recorder of Tuolumne County, to issue to the petitioner certain licenses, to be used in the discharge of his duties as ex officio Collector of Taxes for said county; which office he claimed under the Act of March 28,1868, he having been elected Sheriff at the…
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Appeal from the District Court of the Fifth District, Tuolumne County. This was an application to the District Court for a peremptory writ of mandamus, commanding respondent, as County Clerk and ex-officio Auditor and Recorder of Tuolumne County, to issue to the petitioner certain licenses, to be used in the discharge of his duties as ex officio Collector of Taxes for said county; which office he claimed under the Act of March 28,1868, he having been elected Sheriff at the general election of 1869, and qualified as Collector of Taxes on or before the first Monday of March, 1870, at which time…
1Opinion of the CourtSprague, J.
The question presented in this case, is whether the applicant, Trout, is, by virtue of his office as Sheriff of Tuolumne County, ex-officio Tax Collector of said county, from and after the first Monday of March, 1870; and the answer to that question depends upon whether, at the time of the election of applicant to the office of Sheriff of said county, at the general election held on the first day of September, 1869, he was so elected with a view of his discharging the duties of *387Tax Collector for said county by virtue of his office as Sheriff, in pursuance of the Act of March 28, 1868,…
2Cited by1 opinion
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