People ex rel. Kimberly v. De La Guerra
California Supreme Court
Appeal from tbe County Court of Santa Barbara County. Judgment was for defendant; and plaintiff appealed. Tbe other facts are stated in tbe opinion. If tbe judicial election bad taken place under tbe Act of 1851, (p. 287) or that of 1853, (p. 333), neither of which prescribes any qualifications, tbe relator might need to rely entirely upon tbe principle discussed in tbe case of Walther y.
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Appeal from tbe County Court of Santa Barbara County. Judgment was for defendant; and plaintiff appealed. Tbe other facts are stated in tbe opinion. If tbe judicial election bad taken place under tbe Act of 1851, (p. 287) or that of 1853, (p. 333), neither of which prescribes any qualifications, tbe relator might need to rely entirely upon tbe principle discussed in tbe case of Walther y. Rabolt (30 Cal. 185). But, at tbe time of this election, the Act of April 20,1863, was in force; and its 19th Section declares that “no person shall be eligible to tbe office of District Judge wbo shall not…
1Opinion of the CourtTemple, J.
The respondent was born at Santa Barbara, in 1819, and has ever since resided at that place, and is admitted to have been a white male citizen of Mexico at the date of the treaty of Guadalupe Hidalgo. After the ratification of that treaty he elected to become a citizen of the United States in the mode provided in the treaty. He was a member of the Constitutional Convention which framed the Constitution of California, and has almost continuously, since the adoption of that instrument, held office under its provisions. At the judicial election, held in 1869, he was elected Judge of the First…
2Cases cited1 opinion
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
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