People Ex Rel. Barker v. Shaver

This action is prosecuted under section 803 of the Code of Civil Procedure to have it declared that the defendant unlawfully holds and exercises the office of supervisor of the fifth supervisor district of Eiverside county, and that the relator, Barker, is entitled to the office. The facts are not in dispute. They are the following: The defendant was elected to the office at the general election in 1898. At that time he was a supervisor and the chairman of the board of supervisors of the county. As required by law, the board canvassed the returns of the election, and entered the result in its…