Legal Opinion

Kenfield v. Irwin

California Supreme Court

Decided July 1, 1877No. 5572PublishedCited by 13 opinions

Appeal from the District Court, Sixth Judicial District, County of Sacramento.

1Opinion of the Court

The Governor could not, by failing to issue a proclamation, defeat an election held to fill a vacancy. A special election is one in which the time and place are to be fixed by proclamation, or by a writ of election. This was an election to fill a vacancy held at the time of a general election, to wit, the Presidential election of 1876, and therefore not a special election. ( West-brook v. Rosborough, 14 Cal. 188; People v. Peek, 11 Wend. 605; People v. Cowles, 3 Kern. 350.)

Jo Hamilton, Attorney-General, Haymond & Coggins, J. C. Burch, and Pane in C. Allen, for the Respondent.

The Code declares…

2Cases cited2 opinions

  1. People v. PorterCalifornia Supreme Court · 1856
  2. People ex rel. Westbrook v. RosboroughCalifornia Supreme Court · 1859

3Cited by13 opinions

  1. Countz v. MitchellTexas Supreme Court · 1931
  2. Marsden v. HarlockerOregon Supreme Court · 1906
  3. State Ex Inf. McAllister Ex Rel. Lincoln v. BirdSupreme Court of Missouri · 1922
  4. People ex rel. Lynch v. BuddCalifornia Supreme Court · 1896
  5. State ex rel. Fish v. HowellWashington Supreme Court · 1910

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