Day v. Gunning
California Supreme Court
APPLICATION in the Supreme Court for writ of mandate to compel the respondent to admit the petitioner to office, pending an appeal from a judgment rendered in favor of the petitioner in an election contest • against the respondent in the Superior Court of Yuba County. E. A. Davis, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
An alternative writ of mandate was issued from this court, directed to the respondent, and ordering him to admit petitioner to the use and enjoyment of the office of auditor and recorder of the county of Yuba, or to show cause why he does not do so. At the hearing upon the return it was made to appear that at the general election held in 1898 the petitioner and the respondent were opposing candidates for the office of auditor and recorder of Yuba county. In due time the board of supervisors canvassed the vote cast at the election, and *528declared Gunning to have been elected to the office. A…
2Cases cited2 opinions
- Morton v. BroderickCalifornia Supreme Court · 1897
- Covarrubias v. Bd. of Supervisors of Santa Barbara Cty.California Supreme Court · 1878
3Cited by4 opinions
- Palmer v. HarrisSupreme Court of Oklahoma · 1909
- Chubbuck v. WilsonCalifornia Supreme Court · 1907
- Anderson v. BrowningCalifornia Supreme Court · 1903
- State Ex Rel. Kommers v. District CourtMontana Supreme Court · 1939