Estate of Meijerink v. Lindsay

I. It is first contended that McCutchen, the person who was acting as mayor while the improvement proceedings were in progress, had, after his election as mayor, become a justice of the peace, and thereby vacated the office of mayor; that he was consequently not the qualified mayor, or capable of acting as such; and that the improvement proceedings on that account were void. To this it is only necessary to say that the evidence merely shows that McCutchen verbally requested of two members of the board of supervisors, while the board was not in session, that he be appointed justice of the…