People ex rel. Finlay v. Jewett
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. This was .an application by Joseph W. Finlay for a peremptory mandamus, directed to W. C. Jewett, commanding him to surrender to Finlay, as his successor in office, his record and official papers as a notary public.
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Appeal from the District Court of the Fourth Judicial District. This was .an application by Joseph W. Finlay for a peremptory mandamus, directed to W. C. Jewett, commanding him to surrender to Finlay, as his successor in office, his record and official papers as a notary public. The agreed statement shows, that on April 3d, 1856, Jewett was duly appointed and commissioned as á notary public, in and for the county of San Francisco, in the place of C. Dickinson resigned; that on April 25th, 1856, the Governor of the State signed and delivered to Finlay a commission and appointment as notary…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
° The first section of an Act concerning notaries public, passed April 30, 1853, provides that “ the Governor shall have power to appoint and commission notaries public, etc., etc., who shall hold office for two years, and until their successors are appointed and qualified.”
The case under consideration presents the single question, whether the Governor of this State can remove from office a notary appointed under the provisions of this Act, before his full term has expired.
In considering this…
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