Legal Opinion

People ex rel. Lynch v. Budd

California Supreme Court

Decided September 3, 1896No. S. F. No. 600PublishedCited by 22 opinions

Application to the Supreme Court for writ of mandate to the governor of the state. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

This is an application for a writ of mandate to compel the governor to include in his proclama*169tion for the coming election a call to fill the office of lieutenant-governor for the unexpired term of Spencer G. Millard, deceased. Respondent has filled the vacancy caused by the death of the lieutenant-governor by the appointment of William T. Jeter, who has duly qualified.

In this case both parties concede—as indeed the exigencies of each require him to do—that the vacancy caused by the death of Millard was one which the governor had the power fco fill. If there can be question of the power of…

2Cases cited8 opinions

  1. People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
  2. State ex rel. Watson v. CobbSupreme Court of Kansas · 1863
  3. People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
  4. Matthews v. CommissionersSupreme Court of Kansas · 1886
  5. Sawyer v. HaydonNevada Supreme Court · 1865

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3Cited by22 opinions

  1. State ex rel. Rowe v. KehoeMontana Supreme Court · 1914
  2. State ex rel. Fish v. HowellWashington Supreme Court · 1910
  3. State ex rel. Murphy v. McBrideWashington Supreme Court · 1902
  4. State ex rel. Chatterton v. GrantWyoming Supreme Court · 1903
  5. Futrell v. OldhamSupreme Court of Arkansas · 1913

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