People ex rel. Flynn v. Abbott

Citations

• 16 Cal. 358

Syllabus

<p>In quo warranto for an alleged usurpation of the office of Pilot for1 the port of San Francisco, the complaint avers that defendants hold, use, exercise, usurp and enjoy the office, without a license, and also contains allegations as to the right of relator to the office: Held, that these allegations as to relator's right, cannot be reached by general demurrer, the complaint being good as against the defendants ; that they are not interested in the question as to the right of relator, but only in the determination of their own right to the office.</p> <p>The Act of April 21st, 1860, relative to Pilots in the port of San Francisco, did not legislate out of office Pilots licensed under acts repealed by the Act of April 21st, whose terms of office had not expired when this act went into operation.</p> <p>The title of an act cannot be used to restrain or control any positive provision of the act, but, where the meaning of the body of the act is doubtful, the title may be resorted to as a means of ascertaining the intention of the Legislature.</p>