People ex rel. Jacobs v. Murray

Cope, J. and Field, C. J. concurring.

This is a claim by the relator to the office of superintendent of the city cemetery of the city and county of Sacramento. The facts arise on the complaint, and the question of their sufficiency was raised by demurrer, which was overruled below, and judgment rendered for plaintiff—from which defendant now appeals.

On the eighth of January, 1858, the defendant was appointed to this office by the Board of Supervisors, under an ordinance of that Board, passed on the twenty-third of June, 1858. The second section of the ordinance is as follows: “ The Board of…