Mitchell v. Stoner

California Supreme Court

Mitchell v. Stoner

9 Cal. 203

DecidedJuly 1, 1858

StatusPublished

This text of 9 Cal. 203 (Mitchell v. Stoner) 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

Mitchell v. Stoner, 9 Cal. 203 (Cal. 1858).

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Opinion

Burnett, J., delivered the opinion of the Court—Terry, C. J, concurring.

Mandamus to compel the defendant, as treasurer of Placer county, to pay the plaintiff, as clerk of said county, certain per centage upon the amount of poll and foreign miners’ tax col[204]*204Ieeted in said county. The writ was dismissed by the District Court, and the plaintiff appealed.

The special act of the Legislature, approved April 4th, 1857, fixed the compensation of clerk at $3,000. We think this was intended in lieu of all fees for any and all services rendered for the county. The case comes within the spirit and intent of the act.

We think the judgment of the District Court should he affirmed.

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Burnett, J., delivered the opinion of the Court—Terry, C. J, concurring.

Mandamus to compel the defendant, as treasurer of Placer county, to pay the plaintiff, as clerk of said county, certain per centage upon the amount of poll and foreign miners’ tax col[204]*204Ieeted in said county. The writ was dismissed by the District Court, and the plaintiff appealed.

The special act of the Legislature, approved April 4th, 1857, fixed the compensation of clerk at $3,000. We think this was intended in lieu of all fees for any and all services rendered for the county. The case comes within the spirit and intent of the act.

We think the judgment of the District Court should he affirmed.

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Bluebook (online)

9 Cal. 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-stoner-cal-1858.