University of California v. Bernard
California Supreme Court
Appeal from a judgment for the defendant, in the Superior Court, County of ICern. Brundage, J. The action was brought to recover a sum of money paid by the plaintiff to the defendant, who was treasurer of Kern County, upon an agreement between the plaintiff and said county, to the effect that the latter would sell and deliver to the plaintiff a certain amount of valid county bonds of said county.
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Appeal from a judgment for the defendant, in the Superior Court, County of ICern. Brundage, J. The action was brought to recover a sum of money paid by the plaintiff to the defendant, who was treasurer of Kern County, upon an agreement between the plaintiff and said county, to the effect that the latter would sell and deliver to the plaintiff a certain amount of valid county bonds of said county. In compliance with the agreement, the defendant, on behalf of the said county, tendered to the plaintiff bonds issued in pursuance of the act of the Legislature referred to in the opinion. The…
1Opinion of the Court
Thornton, J.:
The decision of this cause turns on the constitutionality of an Act of the Legislature, approved April 16th, 1880 (see Amendments to Codes for 1880, p. 62), entitled “ An Act to add five new sections to the Political Code providing for funding and refunding county indebtedness.”
It is contended that this act is in conflict with the provisions of §§ 24 and 25, art. iv, of the Constitution of this State. After careful examination of the sections referred to, we have failed to detect any such conflict. The statute, in our opinion, is general, and not special or local, and although it…
2Cited by8 opinions
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- Northwestern Mutual Life Insurance v. Lewis & Clarke CountyMontana Supreme Court · 1903
- People v. RichardsCalifornia Court of Appeal · 1905
- State ex rel. McCue v. Northern Pacific Railway Co.North Dakota Supreme Court · 1909
- Dusy v. HelmCalifornia Supreme Court · 1881
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