People ex rel. Campbell v. Clark
California Supreme Court
Appeal from the district court of the district of San Francisco. The facts of the case were substantially as follows : The defendant was regularly elected county judge of the county of San Francisco, at an election regularly appointed and held in that county.
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Appeal from the district court of the district of San Francisco. The facts of the case were substantially as follows : The defendant was regularly elected county judge of the county of San Francisco, at an election regularly appointed and held in that county. On the day on which the election was held, the legislature, then in session, passed an act repealing the act by virtue of which such election was held, and conferred upon the governor the power to appoint the county judge. This repealing act was approved by the governor on the same day, but at what hour of the day did not appear. Some…
1Opinion of the Court
By the Court,
Hastings, Ch. J.
Such is the unorganized condition of the county court of the county of San Francisco that the immediate action of this court is required, and nc opinion therefore has been prepared reviewing the numerous and conflicting authorities cited, and the arguments of counsel
*407The right to the office claimed by the appellant by virtue of an election by the people, ought to be viewed favorably and not to be thwarted by any implication or fiction in the computation of time. The doctrine that a statute, by relation, was in force from the first day of parliament, and that the…
2Cited by24 opinions
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- Parks v. Commissioners of Soldiers' & Sailors' HomeSupreme Court of Colorado · 1896
- Gay v. EngebretsonCalifornia Supreme Court · 1910
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