Vincent v. Mott

California Supreme Court

Vincent v. Mott

163 Cal. 342

CourtCalifornia Supreme Court

DecidedJuly 17, 1912

DocketS. F. No. 6278

StatusPublished

This text of 163 Cal. 342 (Vincent v. Mott) 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

Vincent v. Mott, 163 Cal. 342 (Cal. 1912).

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Opinion

THE COURT.

It does not appear from the petition presented that the Oakland council has been asked to appoint on the election boards to hold the recall election persons of whom half belong to the Republican party and half to the Democratic party, as required in section 1142 of the Political Code. We think that under the provisions of the charter that section applies to recall elections held under said charter. But because of the failure to aver that the council threatens to disobey that section, the application for mandamus is denied.

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THE COURT.

It does not appear from the petition presented that the Oakland council has been asked to appoint on the election boards to hold the recall election persons of whom half belong to the Republican party and half to the Democratic party, as required in section 1142 of the Political Code. We think that under the provisions of the charter that section applies to recall elections held under said charter. But because of the failure to aver that the council threatens to disobey that section, the application for mandamus is denied.

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Bluebook (online)

163 Cal. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincent-v-mott-cal-1912.