Fleming

Merced County v. Fleming

Good Law
111 Cal. 46·1896 Cal. LEXIS 544·43 P. 392
Supreme Court of CaliforniaJanuary 21, 1896Sac. 73California1,086 words

Opinion

Lead Opinion

Fleet, J.

This is an appeal from a judgment in favor of plaintiff and an order denying a new trial in an action to recover a liquor license imposed by an ordinance of the board of supervisors of the plaintiff county.

1. It is claimed that the court below erred in admitting in evidence the ordinance under which the action is prosecuted, and holding that it was regularly adopted, because it was not shown that it was adopted at a regular session of the board. The regular ordinance book of the board was produced from the qustody of the clerk, the official in whose keeping it belonged, and duly identified, and the ordinance in question was found therein regularly and properly recorded; it contained the recital at the end thereof: “ The foregoing ordinance was passed and adopted by the board of supervisors of said Merced county, at a regular session of said board, this, *49 the eleventh day of January, in the year of our Lord one thousand eight hundred and ninety-five, by the following vote: Ayes, supervisors C. C. Nelson, G. P. Kensey, J. H. Edwards. Noes, J. W. Haley, B. Shaffer.” This was followed by a proper authentication by the signature of the chairman of the board and attestation of the…

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