Meyers v. Pond
Citations
- 86 Cal. 64
- 24 P. 808
- 1890 Cal. LEXIS 973
Syllabus
<p>Mandamus—Precinct Registration in San Francisco—Construction or Statutes. — Under the act of March 18, 1878, providing that the board of precinct registration in San Francisco shall consist of one inspector and two judges, the board of election commissioners of said city has no power to put a fourth person on the board of precinct registration. The act of March 20, 1889, amending section 1142 of the Political Code, and providing for a board of two inspectors and two judges in each precinct, applies only to the board of election who are to take charge on the day of election, and not to the board of precinct registration.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The trustee has a duty to administer the trust, diligently and in good faith, in accordance with the terms of the trust and applicable law.” (citation and punctuation omitted)
- where it is not “humanly impossible for [the fiduciary] to act fairly in the two capacities and on behalf of the two interests,” he is not disqualified from serving as a fiduciary
- “Generally, it is not permitted for a fiduciary to be in a position where his interests might conflict with that of a beneficiary, and a trustee shall administer the trust solely in the interests of the beneficiaries.”
- The fundamental rules of statutory construction require a statute to be construed according to its terms and “to give words their plain and ordinary meaning and to avoid a construction that makes some language mere surplusage.” (citation and punctuation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Fox, McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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