People Ex Rel. Happell v. Sischo

THE COURT

This is a proceeding in quo warranto brought pursuant to the provisions of Chapter V, Title 10, Part 2, of the Code of Civil Procedure to test the claim of Ranse R. Sischo to the office of Judge of the Superior Court in the County of Merced. Defendant Sischo *s title to the office depends upon the question as to whether there was a vacancy in the office at the time of his asserted appointment to it, and the existence of a vacancy is in turn dependent upon the legal effect to be attributed to the fact that the previously elected and qualified incumbent, the Honorable James D.…