Home of Care of Inebriates v. Reis

California Supreme Court

Home of Care of Inebriates v. Reis

27 P. 310, 3 Cal. Unrep. 426, 1891 Cal. LEXIS 1275

CourtCalifornia Supreme Court

DecidedAugust 6, 1891

DocketNo. 13,741

StatusPublished

This text of 27 P. 310 (Home of Care of Inebriates v. Reis) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Home of Care of Inebriates v. Reis, 27 P. 310, 3 Cal. Unrep. 426, 1891 Cal. LEXIS 1275 (Cal. 1891).

Pincite

Opinion

PER CURIAM.

This cause was submitted upon an argument which raised but a single question, viz., whether the act of the legislature, approved March 17, 1876, was repealed by [427]*427the act of 1889. Upon mature consideration, the court has concluded that a writ of mandate cannot be awarded without determining other questions, viz.: The constitutionality of the acts of April 7, 1870, and March 17, 1876; and whether the treasurer of San Francisco, in view of the provisions of section 82 of the consolidation act, can be compelled to pay any unaudited claim. These questions ought not to be decided without argument, and the submission of the cause is therefore set aside, in order that such argument may be had.

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PER CURIAM.

This cause was submitted upon an argument which raised but a single question, viz., whether the act of the legislature, approved March 17, 1876, was repealed by [427]*427the act of 1889. Upon mature consideration, the court has concluded that a writ of mandate cannot be awarded without determining other questions, viz.: The constitutionality of the acts of April 7, 1870, and March 17, 1876; and whether the treasurer of San Francisco, in view of the provisions of section 82 of the consolidation act, can be compelled to pay any unaudited claim. These questions ought not to be decided without argument, and the submission of the cause is therefore set aside, in order that such argument may be had.

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Bluebook (online)

27 P. 310, 3 Cal. Unrep. 426, 1891 Cal. LEXIS 1275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-of-care-of-inebriates-v-reis-cal-1891.