People v. Porter
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, Calaveras County. This was an action for the usurpation by the defendant of the office of County Judge of Calaveras County. The cause was heard and determined upon an agreed statement of facts, the purport of which, necessary to a full understanding of this case, will be found distinctly stated in the opinion of the Court. The Court below gave judgment for the defendant, and plaintiffs appealed.
1Opinion of the CourtJustice Terry
Mr. Justice Heydenfeldt concurred.
On the 13th day of August, Wm. H. Badgley, County Judge of Calaveras County, tendered to the Governor (by mail) his resignation of said office, which by its terms was to take effect on the 1st of September.
The resignation was received by the Governor on the 24th of August. No action was taken by him in the matter until the 8th of September, when he appointed and commissioned respondent, who having duly qualified before a proper officer, entered upon the discharge of the duties of said office, which he continues to fill.
The fact that Badgley had resigned his…
2Cited by44 opinions
- Marsden v. HarlockerOregon Supreme Court · 1906
- State ex rel. Nourse v. ClarkeNevada Supreme Court · 1867
- People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
- BARROW v. RAFFENSPERGER (Two Cases)Supreme Court of Georgia · 2020
- Gorman v. CranstonCalifornia Supreme Court · 1966
39 more not listed; retrieve them via the Exa API.