Sacramento daily record-union., 1883-10-19
0GAL INTELLIGENCE
CALLAHAN VS.. GREENLAw.

10 Department Two of the Superior Cour!
yesterday, the following paper was fled:
In the Superior Court Of tie state Of California,
het boz aud for the county Of Sacramento. People
es-r-l. b. L. Callahan, plaintiff ys. A. 5 Greenlaw,
defendant II is hereby stipulated and agreed
hy and between the parties hereto tha. the follow
ing shall be the statement Of facts in the above en-
titled cause,
First-Th D. z. Callahan was at all the times
hereinafter mentioned a citizen OF the United States
Of America, and an eect0r in the county Of Sacra-
mtnlu, state Of California and eligible 90 hold any
Office in said county or State. That at the general
election Tor county officers Of Sacramento county on
the 3d day Of September 1879, the said Callahan
was elected TO the office Of County Treasurer Of said
county afterwards in due time he filed his official
bond and duly qualified and afterwards the first
Monday IN March Of the succeeding year. entered
apon the discharge Of his duties such oicer and
that bo continued IN the possession Of said Office
and exercised the duties thereof, until the first Mon
day after the first Monday in January, 1Ss3.
SecOud-Inat \. s. Greenlaw al all the
hines hereinafter mentioned citizen OF the United
States Of America and an electOr % the county Of
Sacramento, State Of California, and eligible to hold
any office IN said county State; that an elect on
for county officers Of Sacramento county was held
on he 7th day OF November. iSS2 at which the said
Greenlaw received a aj)rity OF all the votes cast
Tor the Office Of County Treasurer Of said county,
and afterwards within due time received his Ger
tlic3to OF election therefor and afterwards in due
time fled his bond in proper torn and took his
oath OF Office for such office that afterwards, on
the first Monday after the first Monday in January,
lSs3, Fe demanded 81 and received from said Gala
han the books, papers, keys, moneys and effects of
thC County Treasurers Office OF Sacramento COUNTY
and afterwards on the same day entered into the
pc~.rs,i0n 0i said Office, and has ever since that
date performed the functions thereof and received
the emOumonts thereto belonging
That afterwards, 20 wit, on the 18Th day Of April
1883, and before the commencement Of this action,
said Callahan demanded Of said GreeLlaw. In
writing, the books, papers, keys, moneys and effects
OF said Office Of County Treasurer and the possession
pi said office; that said Greenlaw then and there re-
fused 70 deliver up said books papers, moneys
KEYS effects Of said office the possession there
OF aud has ever since and now does hold said
office o. the exclusion OF the said Callahan from said
O1ice
The plaintiff was elected under an Act in rela-
tiou to the government Of the county OF Sscra-
meuo approved March 80, 1874, statutes Of 1873 4,
page 900 Of the State Of California
The defendant elected under an Act TO
amend Section 400 OF an Act TO establish Politi-
cal Code" approved March u, 1872, relating to
the election and terms OF county city and township
officers, ard 90 repeal Sections 1924, 1927 and 40 Of
said PoiEcal Code, approved March Z, 1881.
tSigned9 A. l. HART,
ED. NJ. MARTIN,
Plaintiffs Attorneys.
JOHN T. CAREY,
FREEMAN d BATES,
Attorneys for Defendant
After reviewing this agreed statement of
iacsz. Judge Mcfarland ordered the Clerk to
enter judgment for plaintiff. Counsel for
dstause were instructed to prepare aud sub
init findings. 1t is understood that the case
viii be taken to the Supreme Court and
placed on the calendar Of that tribunal for
the month Of October