Kenfield v. Irwin
California Supreme Court
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
- People v. PorterCalifornia Supreme Court · 1856
- People ex rel. Westbrook v. RosboroughCalifornia Supreme Court · 1859
3Cited by13 opinions
- Countz v. MitchellTexas Supreme Court · 1931
- Marsden v. HarlockerOregon Supreme Court · 1906
- State Ex Inf. McAllister Ex Rel. Lincoln v. BirdSupreme Court of Missouri · 1922
- People ex rel. Lynch v. BuddCalifornia Supreme Court · 1896
- State ex rel. Fish v. HowellWashington Supreme Court · 1910
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