General

MARSHALL DOANE v. JOHN WEIL

58 Cal. 334·Supreme Court of California·1881·CA

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Opinion

[No. 7,922. In Bank.] MARSHALL DOANE v. JOHN WEIL. Act to Promote Drainage—Constitutional Law.—The Act of April 23d, 1880, entitled, “An Act to Promote Drainage,” held to he unconstitutional upon the authority of the People v. Parles et al., infra, 624. Application for alternative writ of mandamus. The petition states that the defendant is Treasurer of the State of California; that the plaintiff presented three warrants to the defendant for payment; the same being drawn in conformity with the Act of the Legislature entitled “ An Act to Promote Drainage,” passed April 23d, 1880, and that the defendant refused to pay the same. W. C. Belcher, for Plaintiff. A. L. Hart, Attorney-General, for Defendant. [MAJORITY — The Court:] The Court: Upon the authority of People v. Parks, infra, 624, the application for an alternative writ of mandamus is denied.