People ex rel. Orman v. Riley
California Supreme Court
Appeal from the Comity Court of Del Norte. Contest for the office of Sheriff. The case was before the Supreme Court in January last, and is reported in 15 Cal. On the return of the remittitur, the County Judge made an order, April 24th, 1860, for a special term of his Court, on the first day of May, for the hearing of the case.
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Appeal from the Comity Court of Del Norte. Contest for the office of Sheriff. The case was before the Supreme Court in January last, and is reported in 15 Cal. On the return of the remittitur, the County Judge made an order, April 24th, 1860, for a special term of his Court, on the first day of May, for the hearing of the case. The order was served on the defendant, April 25th, and on the opening of the Court, on the first day of May, he moved that the case be put over to the next term, on the ground that the statutory notice of ten days had not been given. Motion denied, defendant excepting.…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is a contest for the office of Sheriff of the county of Del Norte. The judgment must he reversed, upon the ground that the special term of the Court at which the case was tried was called upon insufficient notice. The statute (Wood’s Dig. 381) requires a notice of not less than ten nor more than twenty days, and the failure to give the requisite notice in this case, renders the proceedings irregular, if not void.
Judgment reversed, and cause remanded for new trial.
2Cited by2 opinions
- Klopfer v. KellerSupreme Court of Colorado · 1871
- People ex rel. Childs v. Extraordinary Trial Term of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1918