People ex rel. Fowler v. Wells
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Tuba. At the general election held in Tuba County in September, 1855, A. F. Williams was duly elected County Treasurer of that county for the term of two years from the time of his election, and until his successor was chosen and qualified.
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Appeal from the District Court of the Tenth Judicial District, County of Tuba. At the general election held in Tuba County in September, 1855, A. F. Williams was duly elected County Treasurer of that county for the term of two years from the time of his election, and until his successor was chosen and qualified. On the twenty-eighth day of April, 1857, a special Act was passed, extending the term of this officer to the first Monday in January, 1858. On the seventh day of May, 1857, Williams resigned, and the defendant was appointed by the Board of Supervisors in his stead. At the general…
1Opinion of the Court
I. No proclamation was necessary to the validity of this election. We contend that the election was perfectly valid without any order of the Supervisors; that no notice of such election by the Supervisors was necessary or required.
In the first place, let us inquire in what cases an order or proclamation for an election is necessary, and when unnecessary.
Notice of the election must be given by the Supervisors when the election is a special election, and not otherwise.
*330An election is special whenever the time, place and officers are not provided for by law.
Now if the time, place and officers of…
Also in this document: Concurrence.
2Cases cited6 opinions
- People v. PorterCalifornia Supreme Court · 1856
- Downer v. LentCalifornia Supreme Court · 1856
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- Hooper v. PerleyMassachusetts Supreme Judicial Court · 1814
- Dobbins v. Board of Supervisors of Yuba CountyCalifornia Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hunstock v. Estate Development Corp.California Supreme Court · 1943
- Smith ex rel. Smith v. ShrievesNevada Supreme Court · 1878
- People ex rel. Conklin v. BoyleNew York Supreme Court · 1917
- Hunstock v. Estate Development Corp.California Supreme Court · 1943