People ex rel. McDougal v. Johnston
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was a proceeding to try the right of the defendant to the office of supervisor of San Mateo County. He was elected to that office at an election held May 12th, 1856, in pursuance of an authority supposed to have been given by the Consolidation Act of April 19, 1856. The Court below gave judgment for defendant, from which an appeal was taken on behalf of the people.
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
The Act of April 19, 1856, “ to repeal the several charters of the city of San Francisco,” etc., did not go into effect until the first day of July 1856.
Section four of the schedule of that Act, which provides for an election in the county of San Mateo, to take place on the second Monday in May, 1856, was not law until the succeeding July, and therefore was no warrant for holding the election which took place, and the election consequently conferred no rights.
The judgment is reversed, and the…
2Cited by9 opinions
- State ex rel. Everding v. SimonOregon Supreme Court · 1891
- Miller v. KisterCalifornia Supreme Court · 1885
- State Ex Rel. Swan v. KozerOregon Supreme Court · 1925
- Keane v. CushingMissouri Court of Appeals · 1884
- State ex rel. Dreibelbiss v. BerghoffIndiana Supreme Court · 1902
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