From Casetext: Smarter Legal Research

County of Merced v. Regents of University of California

Supreme Court of California
Oct 10, 1884
66 Cal. 25 (Cal. 1884)

Opinion

         Appeal from a judgment of the Superior Court of the county of Merced.

         COUNSEL:

         John B. Mhoon, for Appellant.

          F. H. Farrer, for Respondent.


         JUDGES: In Bank. Myrick, J. Morrison, C. J., Thornton, J., and McKinstry, J., concurred.

         OPINION

          MYRICK, Judge

         The Act of March 14th, 1883, to establish a uniform system of county and township governments, section 25, subd. 14, repealed section 4048 Political Code, at least so far as the latter required the bonds to refer to the Political Code, and directed that bonds should refer to it (the Act of 1883). Without considering any question as to the validity of bonds reciting their issue under the Political Code, it is sufficient to say that the Act of March 14th, 1883, gives the form of the bonds, and the defendants should not be compelled to take them, unless they are in conformity with that act. The former class of bonds might, perhaps, be good, as against the county, in the hands of a purchaser, but the defendants should not be compelled to take any risk. They are justified in standing on the form prescribed in the Act of 1883.

         Judgment reversed, and cause remanded.


Summaries of

County of Merced v. Regents of University of California

Supreme Court of California
Oct 10, 1884
66 Cal. 25 (Cal. 1884)
Case details for

County of Merced v. Regents of University of California

Case Details

Full title:COUNTY OF MERCED, Respondent, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA…

Court:Supreme Court of California

Date published: Oct 10, 1884

Citations

66 Cal. 25 (Cal. 1884)
4 P. 780

Citing Cases

LeBreton v. Superior Court

This being so, a court of equity of either county would have jurisdiction of the case." [4 P. 780]…

City and County of San Francisco v. Kiernan

         The act of April 25, 1863, being "An act to confer further powers upon the board of supervisors of…