People ex rel. Brodie v. Weller
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was an application to the Court below for a peremptory writ of mandamus, to compel the defendant, as Governor of this State, to issue to the relator, Samuel H. Brodie, a commission as Judge of the District Court of the Twelfth Judicial District.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was an application to the Court below for a peremptory writ of mandamus, to compel the defendant, as Governor of this State, to issue to the relator, Samuel H. Brodie, a commission as Judge of the District Court of the Twelfth Judicial District. The facts upon which the application was based are as follows: The Twelfth District was created, by act of the Legislature, on the fifteenth day of May, 1854. On the twenty-sixth day of May, 1854, Edward Norton was appointed and commissioned by the Governor…
1Opinion of the Court
The relator contends that the statute of 1853 (Wood’s Dig. p. 150, art. 634) is constitutional, and that the relator, who was elected Judge of the Twelfth District Court in 1858, at the general election, is entitled to take and hold office from the first of January, 1859. The Constitution evidently contemplated the fixing of the time of the commencement of the term of the District Judges era masse, and we contend that even without legislation that instrument prescribes first of January, 1853, as the commencement of the term of the second class of Judges, and the first of January, 1859, as the…
Also in this document: Concurrence.
2Cases cited8 opinions
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- People ex rel. Melony v. WhitmanCalifornia Supreme Court · 1858
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3Cited by11 opinions
- People v. AndersonCalifornia Supreme Court · 1972
- Cohen v. WrightCalifornia Supreme Court · 1863
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
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- State ex rel. Whitney v. JohnsOregon Supreme Court · 1869
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