People ex rel. Budd v. Holden
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Mendocino County. The relator and defendant were both voted for for the office of County Judge of Mendocino County, at the judicial election held in the fall of 1863. The defendant was declared elected by the Board of Canvassers, and was thereafter duly commissioned by the Governor.
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Appeal from the District Court, Seventh Judicial District, Mendocino County. The relator and defendant were both voted for for the office of County Judge of Mendocino County, at the judicial election held in the fall of 1863. The defendant was declared elected by the Board of Canvassers, and was thereafter duly commissioned by the Governor. After the defendant had entered upon the discharge of the duties of the office, the Attorney-General brought an action in the District Court, in the name of The People, upon the information of the relator against the defendant, charging him with having…
1Opinion of the Court
By the Court,
Sanderson, C. J.
It is first claimed by the appellant that the District Court had no jurisdiction in the premises, and that the only remedy in cases like the present is under the statute which prescribes the mode and manner ,of contesting elections. (Wood’s Digest, p. 3S0y Sec. 51.) No proposition could be more untenable. It is true that the Act providing the mode of contesting elections confers upon any elector of the proper county the right to conte,st, at his option, the election of any person who has' been declared duly elected to a public office, to be exercised in and for…
2Cases cited3 opinions
- United States v. AmedySupreme Court of the United States · 1826
- Searcy v. GrowCalifornia Supreme Court · 1860
- People ex rel. Wicks v. JonesCalifornia Supreme Court · 1862
3Cited by49 opinions
- Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
- Hudson v. SolomonSupreme Court of Kansas · 1877
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- State ex rel. Thayer v. BoydNebraska Supreme Court · 1891
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
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