People ex rel. Casserly v. Fitch
California Supreme Court
Appeal from the district court of the sixth judicial district, (Sacramento,) before AldRich, district judge, upon an information in the nature of a writ of quo warranto brought on behalf of the relator, Casserly, against Fitch, to determine the rights of the respective parties to the office of state printer. By consent of parties, judgment for the defendant was entered up in the court below; from which the relator, Casserly, appealed.
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Appeal from the district court of the sixth judicial district, (Sacramento,) before AldRich, district judge, upon an information in the nature of a writ of quo warranto brought on behalf of the relator, Casserly, against Fitch, to determine the rights of the respective parties to the office of state printer. By consent of parties, judgment for the defendant was entered up in the court below; from which the relator, Casserly, appealed. The statement of facts, as agreed upon, is as follows:—• On the trial of this case the respondent showed for warrant or authority by virtue of which he…
1Opinion of the Court
*535By the Court,
Murray, J.*
From the agreed statement of facts in this case, it appears that Jonas Winchester, who was duly elected state printer, resigned his office on the 28th of March, 1851. On the 31st of March, 1851, while the legislature were in session, the governor appointed James B. Devoe to fill the vacancy created by said resignation. Devoe continued in office until the 2d of May, 1851, after the adjournment of the legislature, on which day he resigned. After the resignation of Devoe, the respondent, (Fitch,) was appointed by the governor, and has discharged the duties of the office…
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