Doane v. Scannell
Citations
- 7 Cal. 393
Syllabus
<p>In an action by one claiming to have been elected to an office against his predecessor, to compel a surrender of the books, papers, etc., belonging to the office, plaintiff must prima facie that a vacancy existed in the office, and that he was elected to fill it.</p> <p>The Consolidation Act gives the officers named in the fourteenth section two days after the meeting of the board of supervisors in which to file new bonds. The meeting taking place on the ninth of July, the officers had the whole of the tenth and eleventh of July to execute and present their bonds.</p> <p>The limitation as to time applied only to the action of the incumbent. The board had a reasonable time allowed them in which to reject or approve the bonds presented.</p> <p>The incumbent having tendered his bond on the eleventh, and the board then refusing to act upon it, left them in default, and not him.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- viewing evidence in light most favorable to caveators, evidence of senility insufficient to deprive testator of capacity where evidence failed to show he was “totally bereft of reason”
- viewing evidence in light most favorable to caveators, evidence of senility insufficient to deprive testator of capacity where evidence failed to show he was \totally bereft of reason\
Source: CourtListener parenthetical corpus (CC0).
Judges: Burnett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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