People Ex Rel. Richardson v. Cobb

SMITH, C.

he defendant was appointed, by the board of supervisors, city justice of the city of San José, on the death of the incumbent, November 12, 1900, and has since continued in occupation of the office. His predecessor had previously been appointed, on the death of the original incumbent, one Gass, and prior to the appointment of defendant, November 22,1900, the board had ordered an election to fill the unexpired term, to be held November 6th of the same year. At this election the relator was elected to the office, and "qualified, but was not permitted to take possession. The suit was…