Legal Opinion

Love v. Baehr

California Supreme Court

Decided July 1, 1874No. 4,166PublishedCited by 47 opinions

Application by John L. Love, the Attorney-General, to the Supreme Court for a writ of mandate to require the defendant, the State Treasurer, to pay a warrant, drawn by the Controller in his favor, for the sum of one hundred and twenty-five dollars, for his salary as a member of the Board of Examiners, for the month of January, 1874. The case was submitted on an agreed statement, showing that the petitioner was elected Attorney-General in September, 1871, and still held the…

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Application by John L. Love, the Attorney-General, to the Supreme Court for a writ of mandate to require the defendant, the State Treasurer, to pay a warrant, drawn by the Controller in his favor, for the sum of one hundred and twenty-five dollars, for his salary as a member of the Board of Examiners, for the month of January, 1874. The case was submitted on an agreed statement, showing that the petitioner was elected Attorney-General in September, 1871, and still held the office; that he had performed the duties of a member of the State Board of Examiners during the month of January, 1874,…

1Opinion of the Court

By the Court, Crockett, J.:

This is an application for a mandamus to compel the State Treasurer to pay a warrant drawn by the Controller of State, in favor of the Attorney-General, for a portion of the compensation due to him as a member of the State Board of Examiners. Payment is resisted on the ground —• 1st. That the services to be performed by the Attorney-General as a member of the Board of Examiners are such as by law pertain to and are a part of the duties of the office of Attorney-General. 2d. That when the present incumbent- was elected to and entered upon the duties of the office of…

2Cited by47 opinions

  1. Wright v. CallahanIdaho Supreme Court · 1940
  2. Bond v. PhelpsSupreme Court of Oklahoma · 1948
  3. Tirapelle v. DavisCalifornia Court of Appeal · 1993
  4. State Ex Rel. Mattson v. KiedrowskiSupreme Court of Minnesota · 1986
  5. Phelps v. ChildersSupreme Court of Oklahoma · 1939

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