People ex rel. McKune v. Weller
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an application to the Court below for a mandamus. The facts are as follows: A. C. Monson was elected Judge of the Sixth Judicial District at the September general election, 1852; he resigned in 1857, when Charles T. Botts was appointed and commissioned by the Governor.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an application to the Court below for a mandamus. The facts are as follows: A. C. Monson was elected Judge of the Sixth Judicial District at the September general election, 1852; he resigned in 1857, when Charles T. Botts was appointed and commissioned by the Governor. No proclamation was made by the Governor for an election for Judge at the general election of 1858, for the unexpired term of Monson; that is for the intervening period between September, 1858, and January, 1859. At the general…
1Opinion of the Court
1. Has the relator right to the office for which he demands a commission ?
*50By the Constitution, vacancies in office were contemplated, and provision is therein made for supplying the same, by the grant of a commission by the Governor, which should expire upon the occurrence of a specified event. (Cons.,-art. 5, sec. 8.)
By the statute entitled “ Courts of Justice,” (Wood’s Dig., 150, sec. 15) it is provided that the Governor shall fill a vacancy which may happen in the office of District Judge, by granting a commission, which shall continue until the election and qualification of a Judge in the…
Also in this document: Concurrence.
2Cases cited5 opinions
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
- People v. PorterCalifornia Supreme Court · 1856
- People v. BrenhamCalifornia Supreme Court · 1853
- Rodebaugh v. SanksSupreme Court of Pennsylvania · 1833
- People ex rel. Upham v. WhitesideNew York Supreme Court · 1840
3Cited by35 opinions
- State ex rel. Everding v. SimonOregon Supreme Court · 1891
- Marsden v. HarlockerOregon Supreme Court · 1906
- Woolridge v. McKennaUnited States Circuit Court · 1881
- People v. HagedornCalifornia Court of Appeal · 2005
- People ex rel. Lee v. PrewettCalifornia Supreme Court · 1899
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