County of San Luis Obispo v. Gage
California Supreme Court
The facts are stated in the opinion of the court. Tirey L. Ford, Attorney-General, C. N. Post, Assistant Attorney-General, and Devlin & Devlin, for Appellants. The statute of limitations applies to an action in mandamus. (People v. Supervisors of Westchester, 12 Barb. 446; Prescott v. Gonser, 34 Iowa, 179; Tanner v. Potts, 3 Mont. 364; People v. French, 12 Abb.
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The facts are stated in the opinion of the court. Tirey L. Ford, Attorney-General, C. N. Post, Assistant Attorney-General, and Devlin & Devlin, for Appellants. The statute of limitations applies to an action in mandamus. (People v. Supervisors of Westchester, 12 Barb. 446; Prescott v. Gonser, 34 Iowa, 179; Tanner v. Potts, 3 Mont. 364; People v. French, 12 Abb. N. C. 156.) The failure of a demand which might have been made at any time does not prevent the running of the statute against a mandamus. (Bates v. Gregory, 89 Cal. 387; Barnes v. Glide, 117 Cal. 1;1 Meherin v. San Francisco Produce…
1Opinion of the CourtShaw, J.
This was a proceeding against the defendants in their capacity as ex officio members of the state board of examiners. The object of the proceeding was to obtain a writ of mandate compelling the board to allow and approve certain claims in favor of the county of San Luis Obispo against the state of California. Findings were made and judgment given for the plaintiff, and the defendants appeal.
The questions in controversy arise under the act of March 25, 1880. (Stats. 1880, p. 13.) This act appropriates to each institution in this state conducted for the support and maintenance of minor orphans,…
2Cases cited26 opinions
- Wood v. StrotherCalifornia Supreme Court · 1888
- Melvin v. StateCalifornia Supreme Court · 1898
- Williams v. BerginCalifornia Supreme Court · 1897
- Barnes v. GlideCalifornia Supreme Court · 1897
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
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3Cited by47 opinions
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- Alfred Crawford Daniel Carrasco Jerry Parker v. Russell S. Gould William Mayer, (Two Cases)Court of Appeals for the Ninth Circuit · 1995
- Chas. L. Harney, Inc. v. State of CaliforniaCalifornia Court of Appeal · 1963
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