Ex parte Henshaw

McKinstry, 3.

— The attorney general, upon the relation of one Daniels, commenced an action against the petitioner herein, in which action judgment was entered by the Superior Court for Alameda that the petitioner had usurped and intruded into and was unlawfully exercising the office of police judge of the city of Oakland, and that the relator therein was entitled to the office. From that judgment the defendant therein appealed, but the appeal did not stay its’execution. (Code Civ. Proc., sec. 949.)

Upon proceedings taken in the said Superior Court, the defendant in that action, petitioner…