Johnson v. County of Yuba

Caution
103 Cal. 538·1894 Cal. LEXIS 820·37 P. 528
Supreme Court of CaliforniaAugust 15, 1894No. 18290California821 words

Opinion

lead Opinion

Fleet, J.

The superior court did not err in striking from the complaint the matter objected to as irrelevant and redundant. The action was to recover for services rendered in publishing the list of nominations required to be published by the county clerk *539 under section 1194 of the Political Code, for the general election in November, 1892, in the county of Yuba. The allegations contained in the matter stricken out proceeded upon the theory that the statute required the publication of a separate list of the nominations, complete in itself, for each of the political subdivisions of the county having offices to fill, each list to contain, besides the names of those nominated for state and county offices, only the names of the district or township nominees in the county to be voted for in a particular district or township, and in pursuance of this theory alleged the publication of thirteen separate lists, one for each of two supervisor districts and one for each of eleven judicial townships. The statute will bear no such construction. It provides that: “At least ten days before an election to fill any public office, the county clerk of each county shall cause to be published in at least two…

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