People ex rel. Melony v. Whitman
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This is an appeal from the judgment of the District Court, declaring that the defendant has no right to the office of Comptroller of the State, and that the relator is entitled to take upon himself the execution of the said office. The facts of the case, as disclosed by the record, are briefly these.
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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This is an appeal from the judgment of the District Court, declaring that the defendant has no right to the office of Comptroller of the State, and that the relator is entitled to take upon himself the execution of the said office. The facts of the case, as disclosed by the record, are briefly these. At the general election of the year 1855, the defendant, Whitman, was elected Comptroller, and in proper time qualified and entered upon the office, which he has continued to hold ever since. At the general…
1ConcurrenceTerry, C. J.
The defendant was duly elected Comptroller at the election of 1855; and, within the time required by law, qualified and entered upon his office, which he has continued to hold ever since. At the election of 1857, the defendant and J. W. Mandeville were candidates for the office—the latter receiving the highest number of votes. On the 16th day of August, 1857, Mandeville received from the President of the United States a commission of Surveyor-General of California, took the oath of office on the 6th of September, entered upon his office on the 9th, and notified the proper department at…
2Cases cited4 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- People ex rel. Aylett v. LangdonCalifornia Supreme Court · 1857
- People ex rel. Ryder v. MiznerCalifornia Supreme Court · 1857
- Lee v. EvansCalifornia Supreme Court · 1857
3Cited by42 opinions
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- People v. TiltonCalifornia Supreme Court · 1869
- People Ex Rel. Bledsoe v. CampbellCalifornia Supreme Court · 1902
- State v. BrinkerhoffTexas Supreme Court · 1886
- Kimberlin v. State ex rel. TowIndiana Supreme Court · 1892
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