From Casetext: Smarter Legal Research

Ex parte Armstrong

Supreme Court of California
Jul 8, 1890
84 Cal. 655 (Cal. 1890)

Opinion

Application for a writ of habeas corpus.

COUNSEL:

A. W. Armstrong, and D. E. Alexander, for Petitioner.


JUDGES: In Bank.

OPINION

THE COURT The charter of the town of Berkeley was granted by special act of the legislature before the adoption of the present constitution. It provided for the election of two justices of the peace for the municipality. The only question in this case is, whether or not this provision of the charter has been repealed by the adoption of the constitution, and the general legislation had under it. It is conceded that there is no such repeal in express terms. We think there is none by necessary implication. Justices' courts in municipalities are inferior courts which may be created by act of the legislature, and the fact that the legislature in the general judiciary article of the Code of Civil Procedure has provided for the number of justices in cities of over ten thousand inhabitants, but said nothing about the number in municipalities of a less population, shows that it was not the intention of the legislature to interfere, by that act, with existing charters of municipalities of the latter class. The provisions of the general law for the incorporation of municipalities on this subject differ for the different classes of such corporations, and apply to them only when they have surrendered or abandoned their old charters, and elected to incorporate under such general law.

Writ discharged, and prisoner remanded.


Summaries of

Ex parte Armstrong

Supreme Court of California
Jul 8, 1890
84 Cal. 655 (Cal. 1890)
Case details for

Ex parte Armstrong

Case Details

Full title:Ex parte JOHN L. ARMSTRONG, on Habeas Corpus

Court:Supreme Court of California

Date published: Jul 8, 1890

Citations

84 Cal. 655 (Cal. 1890)
24 P. 598

Citing Cases

People ex rel. McConnell v. City of Wilmington

The special acts of March 12, 1887, purporting to repeal the statutes incorporating the town of Wilmington…

Mayer v. Salazar

and defendant replied, "the horse was all right, and perfectly sound, but that he had been out to grass and…