People ex rel. Tracy v. Brite
California Supreme Court
Appeal from a judgment for the defendant, in the Sixteenth District Court, County of Kern. Eeed, J. The facts are stated in the opinion.
1Opinion of the Court
Myrick, J:
This is a proceeding to test the right of relator to the office of Supervisor of the Third District, Kern County. The relator was elected November 7th, 1876, and duly qualified and entered upon the duties of the office November 20th, 1876. Eespondent claimed the office under appointment by the County Judge, of September 24th, 1877. The appointment by the County Judge was based upon the fact that Tracy had “ ceased to be an inhabitant of the said district, and his office had thereby become vacant.” No judicial proceedings had been had to declare a vacancy. The question then is,…
2Cited by17 opinions
- McKannay v. HortonCalifornia Supreme Court · 1907
- People ex rel. Fleming v. ShorbCalifornia Supreme Court · 1893
- Klose v. Superior CourtCalifornia Court of Appeal · 1950
- People ex rel. Finigan v. PerkinsCalifornia Supreme Court · 1890
- State ex rel. Deering v. HarmonSupreme Judicial Court of Maine · 1916
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