Garey

Imperial County v. Garey

Good Law
1923 Cal. App. LEXIS 504·61 Cal. App. 439·215 P. 89
Court of Appeal of CaliforniaMarch 17, 1923Civ. No. 4145.California2,783 words

Opinion

Lead Opinion

Finlayson, J.

This is an original application for a writ of mandate to compel the auditor of Imperial County to attest certain county bonds the issuance whereof had been authorized by the electors of the county voting at a special election called for that -purpose by the hoard of supervisors. Respondent bases his refusal to attest the bonds upon the ground that the election was not properly noticed.

The election was held under section 4088 of the Political Code. It is conceded that the notice which is specifically defined in that section was given. But it is claimed by respondent that the provisions of other sections of the Political Code respecting notice are equally applicable to such special bond elections, and that the notices provided for by such other sections should have been given. To be more specific, it is claimed that in addition to the notice which is specifically prescribed by section 4088 there also should have been, given the notices defined in section 1056 and in subdivision f of section 1142 of the Political Code.

Section 4088 is found in part IV of the Political Code, the provisions whereof relate exclusively to the government of counties, cities, and towns. The article in…

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