People ex rel. Wirt v. Budd

47 P. 594, 5 Cal. Unrep. 572
CourtCalifornia Supreme Court
DecidedJanuary 19, 1897
DocketS. F. No. 775
StatusPublished

This text of 47 P. 594 (People ex rel. Wirt v. Budd) 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
People ex rel. Wirt v. Budd, 47 P. 594, 5 Cal. Unrep. 572 (Cal. 1897).

Opinion

PER CURIAM.

This is an application, on notice, for a peremptory writ of mandate to the governor of California to appoint two police commissioners for the city and county of San Francisco. The attorney general moves to dismiss the proceeding, upon the ground that the relator has received no authority to sue in the name of the people of the state, and that he is not himself a party beneficially interested (Code Civ. Proc., sec. 1086), in any sense that distinguishes [573]*573him from other citizens of the state. The grounds of the motion are conceded, and the motion must he granted: Linden v. Supervisors, 45 Cal. 6; Ashe v. Supervisors, 71 Cal. 236, 16 Pac. 783; Colnon v. Orr, 71 Cal. 43, 11 Pac. 814; Marini v. Graham, 67 Cal. 130, 7 Pac. 442. Proceeding dismissed.

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Related

Linden v. Board of Supervisors
45 Cal. 6 (California Supreme Court, 1872)
Marini v. Graham
7 P. 442 (California Supreme Court, 1885)
Colnon v. Orr
11 P. 814 (California Supreme Court, 1886)
Ashe v. Board of Supervisors
16 P. 783 (California Supreme Court, 1886)

Cite This Page — Counsel Stack

Bluebook (online)
47 P. 594, 5 Cal. Unrep. 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wirt-v-budd-cal-1897.