People Ex Rel. Benwell v. Foutz

The relator was elected Justice of the Peace of Signal Hill Township, County of Los Angeles, for a term of four years beginning January 4, 1943. On August 3, 1944, he went to Mexico City as a delegate to the Inter-American Bar Convention. On August 29, 1944, one week before his return to this state, the Board of Supervisors of Los Angeles County declared his office vacant and appointed defendant to fill the vacancy. A proceeding in quo warranto was then instituted to test defendant’s right to the office. Defendant appeals from a judgment of the trial court restor ing the relator to the office…