Wigginton v. Markley

Decided July 1, 1877

California Supreme Court · decided 1877-07-01

This was an original application for a writ of mandate to compel the Clerk of Monterey County to correct the records of the Board of Supervisors so as to show the number of votes cast for the applicant as Representative in Congress from the Fourth Congressional District.

Cited by 2 later decisions — most recently December 1929

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-07-01

View the full empirical analysis of this case →

By the Court :

¶1The writ is denied.

¶2Mr. Justice Crockett, concurring specially, said:

¶3I wish to state, for myself, that I concur in the order denying the application for the writ, on the ground that the Clerk has *412no authority to correct the record as it stands, for the reason that the records are under the control of the Board of Supervisors ; and if there is to he any correction of the record, or any change in any way, it must be under some proceeding had by the Board of Supervisors. Therefore, a writ of this kind, directed to the Clerk, would be unavailing.