People ex rel. Madden v. Stratton
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. On the 8th day of March, 1865, four of the Trustees of the State Library held a meeting and ballotted for a Librarian, but failed to elect, their votes being equally divided between two candidates. The Board adjourned without any change in the vote, and made no further effort to elect.
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Appeal from the District Court, Sixth Judicial District, Sacramento County. On the 8th day of March, 1865, four of the Trustees of the State Library held a meeting and ballotted for a Librarian, but failed to elect, their votes being equally divided between two candidates. The Board adjourned without any change in the vote, and made no further effort to elect. The Governor, assuming that the expiration of Stratton’s term and the failure of the Board to elect " a vacancy in the office, bn the 22d day of April, ited the relator to fill the supposed vacancy. Relator then demanded that Stratton…
1Opinion of the Court
By the Court,
Currey, J.
This is an information in the nature of a quo warranta, having for its object—first, the exclusion of the defendant from the office of Librarian of the State Library; and second, the investiture of the relator with the rights, privileges and franchises thereof.
The defendant was appointed to the office on the 16th of March, 1861, for the term of four years, and became duly qualified two days thereafter’. Since that time, until issue was joined in this proceeding, he has exercised such office and been in the enjoyment of its privileges, franchises and emoluments.
On the…
2Cases cited1 opinion
- Miller v. Board of SupervisorsCalifornia Supreme Court · 1864
3Cited by25 opinions
- Moore v. StricklingWest Virginia Supreme Court · 1899
- State ex rel. Everding v. SimonOregon Supreme Court · 1891
- State ex rel. Coleman v. RoseSupreme Court of Kansas · 1906
- People v. EdwardsCalifornia Supreme Court · 1892
- Childs v. StateCourt of Criminal Appeals of Oklahoma · 1910
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