People ex rel. Wicks v. Jones
California Supreme Court
Appeal from the Seventh Judicial District. At the general election held on the fourth day of September, 1861, four candidates for the office of District Attorney of the county of Sonoma were voted for in that county, the relator and defendant being the two who received the most votes. At Salt Point precinct the relator received seventy-nine votes, and the defendant twenty votes.
Read the full summary
Appeal from the Seventh Judicial District. At the general election held on the fourth day of September, 1861, four candidates for the office of District Attorney of the county of Sonoma were voted for in that county, the relator and defendant being the two who received the most votes. At Salt Point precinct the relator received seventy-nine votes, and the defendant twenty votes. The returns from this precinct as first filed were irregular, and the Board of Supervisors in canvassing the vote threw them out, thereby making the vote of defendant in the county higher than that of relator. A…
1Opinion of the CourtNorton, J.
This action is brought under the provisions of the Practice Act concerning actions for the usurpation of an office or franchise, to determine the right to the office of District Attorney of Sonoma county. The appellant’s counsel makes three objections to the judgment:
1st. It is objected, that inasmuch as the defendant entered into the office by virtue of a certificate of election, he entered lawfully, and is not an “ intruder ” or “ usurper,” or one who “ unlawfully holds or exercises” the office, and hence is not hable to be proceeded against by virtue of section three hundred and ten of the…
2Cases cited5 opinions
- Wicks v. LudwigCalifornia Supreme Court · 1858
- Magee v. Bd. of Supervisors of Cty. of CalaverasCalifornia Supreme Court · 1858
- Mayor v. BuchananCalifornia Supreme Court · 1853
- McMillan v. RichardsCalifornia Supreme Court · 1859
- Smith v. ChichesterCalifornia Supreme Court · 1851
3Cited by6 opinions
- Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
- People ex rel. Budd v. HoldenCalifornia Supreme Court · 1865
- Gantt v. BrownSupreme Court of Missouri · 1912
- McEntire v. WilliamsonSupreme Court of Kansas · 1901
- Tiegs v. PattersonIdaho Supreme Court · 1957
1 more not listed; retrieve them via the Exa API.