Legal Opinion

Fitzsimmons v. Wilks

California Court of Appeal

Decided June 30, 1914No. Civ. No. 1473PublishedCited by 7 opinions

APPEAL form a judgment of the Superior Court of Monterey County. B. V. Sargent, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtLennon, P. J.

At a special election held in Pacific Drove township, Monterey County, the plaintiff and defendant were candidates for the office of justice of the peace in the event that the then incumbent of the office should be recalled. The election resulted in the recall of the then incumbent, and upon a canvass of the returns, the defendant was declared elected to the office for the unexpired term. Subsequently plaintiff instituted proceedings in the superior court of Monterey County, under the provisions of part III, title II of the Code of Civil Procedure, contesting the right of the defendant 'to…

2Cases cited2 opinions

  1. Rutledge v. CrawfordCalifornia Supreme Court · 1891
  2. Maddux v. WalthallCalifornia Supreme Court · 1903

3Cited by7 opinions

  1. Duncan v. WillisTexas Supreme Court · 1957
  2. Devine v. WonderlichSupreme Court of Iowa · 1978
  3. Findley v. SorensonArizona Supreme Court · 1929
  4. Fair v. HernandezCalifornia Court of Appeal · 1981
  5. Muir v. SteinbergCalifornia Court of Appeal · 1961

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