People ex rel. Vejar v. Metzker
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, Los Angeles County. The complaint averred that, on the sixteenth day of December, 1869, an election was held in Los Angeles for the election of five members of the Common Council, for the term of two years from the date of their election, and that C. Yejar was one of the five who received the greatest number of legal votes, and was. elected; but that, on the sixteenth day of December, 1869, the defendant usurped…
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Appeal from the District Court, Seventeenth Judicial District, Los Angeles County. The complaint averred that, on the sixteenth day of December, 1869, an election was held in Los Angeles for the election of five members of the Common Council, for the term of two years from the date of their election, and that C. Yejar was one of the five who received the greatest number of legal votes, and was. elected; but that, on the sixteenth day of December, 1869, the defendant usurped the office, and had since unlawfully exercised and withheld the same from the relator. The defendant demurred, on the…
1Opinion of the Court
By the Court, Rhodes, J.:
This is an action in the nature of a quo warranto, brought under section 310 and following, of the Practice Act, to determine the right of the defendant, and of the relator as well, to the office of a member of the Common Council of the city of Los Angeles. The appeal is from the judgment alone; and as the record contains neither a bill of exceptions nor a statement on appeal, the only questions which arise are whether the Court has jurisdiction of the action, and whether the complaint states sufficient facts to sustain the judgment.
The tenth section of the Act of…
2Cited by11 opinions
- Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
- Markwort v. McGeeCalifornia Supreme Court · 1951
- State ex rel. Anderton v. KempeWisconsin Supreme Court · 1887
- McGregor v. Bd. of Trs. of BurlingameCalifornia Supreme Court · 1911
- Hildreth v. HeathAppellate Court of Illinois · 1878
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