People ex rel. McDougal v. Johnston
Cases that cite this one
8 later published cases cite this decision.
- State ex rel. Dreibelbiss v. Berghoff (Ind. 1902)
- Kennelly v. Lowery (Cal. Ct. App. 1944)
- State Ex Rel. Swan v. Kozer (Or. 1925)
- State ex rel. Langer v. Crawford (N.D. 1917)
- State ex rel. Larger v. Scow (N.D. 1917)
- Henderson v. State ex rel. Stout (Ind. 1894)
- Miller v. Kister (Cal. 1885)
- Keane v. Cushing (Mo. Ct. App. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Mr. Chief Justice Murray concurred.
The Act of April 19, 1856, “ to repeal the several charters of the city of San Francisco,” etc., did not go into effect until the first day of July 1856.
Section four of the schedule of that Act, which provides for an election in the county of San Mateo, to take place on the second Monday in May, 1856, was not law until the succeeding July, and therefore was no warrant for holding the election which took place, and the election consequently conferred no rights.
The judgment is reversed, and the District Court is directed to enter judgment for the plaintiff, ousting the defendant of his office.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.