People ex rel. Aylett v. Langdon
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an information in the nature of a quo warranto to try the title to the office of resident-physician of the insane asylum of California.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an information in the nature of a quo warranto to try the title to the office of resident-physician of the insane asylum of California. The relator claims the office by an election by the Legislature on the thirteenth of March, 1857. The defendant claims title to the office by virtue of an appointment made by the Governor on the twenty-ninth of April, 1856, for the period of two years from the date of said appointment. The agreed statement shows that Robert K. Reid was elected by the Legislature on…
1Opinion of the CourtMurray, C. J.
The act creating the office provides, that the officer shall hold his office for two years, and until his successor is appointed and qualified.
It will be observed, that at the date of Langdon’s appointment, the term of Reid had expired. Immediately upon the appointment of Langdon, a proceeding was instituted to determine the rights of the parties to the office; Reid contending that he was entitled to continue in office, until his successor was elected and qualified by the Legislature. This question was fully considered in the case of “ The People v. Robert K. Reid,” July Term, 1856, in which…
2Cited by51 opinions
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