People Ex Rel. Mattison v. Nye
California Court of Appeal
The facts are stated in the opinion of the Court. U. S. Webb, Attorney General, Timothy J. Lyons, Arthur M. Seymour, and Garret W. McEnerney, for Appellant. The enactment of the provisions of section 869 of the Political Code as to vacancies in the office of controller and the filling of the same under section 1001 thereof is constitutional and valid.
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The facts are stated in the opinion of the Court. U. S. Webb, Attorney General, Timothy J. Lyons, Arthur M. Seymour, and Garret W. McEnerney, for Appellant. The enactment of the provisions of section 869 of the Political Code as to vacancies in the office of controller and the filling of the same under section 1001 thereof is constitutional and valid. (People v. Budd, 114 Cal. 172, 45 Pac. 1060.) One who holds by appointment only, for “the balance of the unexpired term,” is limited to that express term, and if he, holds thereafter as a locum tenens, under section 879 of the Political Code, he…
1Opinion of the CourtBurnett, J.
The appeal is from the judgment following an order sustaining a demurrer to the complaint. The demurrer was sustained on the ground that the complaint fails, to state facts sufficient to constitute a cause of action.
Prom the complaint the following facts appear: At the general state election held in November, 1906, J. N. Gillett was elected governor of California and E. P. Colgan was reelected controller for the same term. At this time George C. Pardee was the duly elected, qualified and acting governor of the state. On the twentieth day of November, 1906, and after he was elected to succeed…
2Cases cited22 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- United States v. Alabama Great Southern RailroadSupreme Court of the United States · 1892
- Heath v. WallaceSupreme Court of the United States · 1891
- People v. TiltonCalifornia Supreme Court · 1869
- People Ex Rel. Bledsoe v. CampbellCalifornia Supreme Court · 1902
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3Cited by21 opinions
- Tirapelle v. DavisCalifornia Court of Appeal · 1993
- Dean v. KuchelCalifornia Supreme Court · 1951
- Woodmansee v. LoweryCalifornia Court of Appeal · 1959
- State v. ToomeyMontana Supreme Court · 1958
- State ex rel Freeman v. CarveySupreme Court of Iowa · 1915
16 more not listed; retrieve them via the Exa API.