Rauer v. Williams
California Supreme Court
APPEAL from a judgment of tbe Superior Court of the City and' County of San Francisco. William E. Daingerfield, Judge. The facts are stated in the opinion of the court. The act of 1893 is unconstitutional as being special legislation. (Welsh v. Bramlet, 98 Cal. 219, 227.) An arbitrary classification cannot be used as a pretext for special .legislation.
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APPEAL from a judgment of tbe Superior Court of the City and' County of San Francisco. William E. Daingerfield, Judge. The facts are stated in the opinion of the court. The act of 1893 is unconstitutional as being special legislation. (Welsh v. Bramlet, 98 Cal. 219, 227.) An arbitrary classification cannot be used as a pretext for special .legislation. (Dougherty v. Austin, 94 Cal. 601, 620; Darcy v.' Mayor etc. of San Jose, 104 Cal. 642, 645; Pasadena v. Siimson, 91 Cal. 238; Earl v. Board of Education, 55 Cal. 489; San Luis Obispo v. Graves, 84 Cal. 71.) The act of 1893 is a general law,…
1Opinion of the CourtHenshaw, J.
This action is to compel the defendant, Williams, as clerk of the justice’s court of the city and county of San Francisco, to accept fees tendered to him by plaintiff, who was about to commence an action in said justice’s court. Defendant refused to accept the fees, and plaintiff proceeded with his action in mandate to compel him to do so. To the complaint in mandate the defendant made answer, basing and justifying his refusal upon an act of the legislature passed in 1893. The validity or invalidity of this act is the sole question presented on this appeal.
In 1893 the legislature passed an…
2Cases cited6 opinions
- City of Pasadena v. StimsonCalifornia Supreme Court · 1891
- Ex parte JentzschCalifornia Supreme Court · 1896
- People ex rel. Daniels v. HenshawCalifornia Supreme Court · 1888
- Darcy v. Mayor of San JoseCalifornia Supreme Court · 1894
- Kahn v. SutroCalifornia Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lelande v. LoweryCalifornia Supreme Court · 1945
- Ex Parte SohnckeCalifornia Supreme Court · 1905
- Attorney General ex rel. Dingeman v. LacyMichigan Supreme Court · 1914
- Town of Longview v. City of CrawfordsvilleIndiana Supreme Court · 1905
- School City of Rushville v. HayesIndiana Supreme Court · 1904
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