Day v. Gunning

Citations

• 125 Cal. 527
• 58 P. 172
• 1899 Cal. LEXIS 893

Syllabus

<p>Election Contest—Appeal fbom Judgment—Stay oe Pboceedings—Mandamus.—'Upon appeal from a judgment rendered in favor of the contestant in an election contest, the giving of the three hundred dollar bond operates as a stay of proceedings; and mandamus will not lie to compel the defendant, who, prior to the judgment, entered upon the discharge of the duties of the office under his certificate of election, to admit the contestant to the use and enjoyment of the office.</p> <p>Id.—Judgment—Unlawful Holding of Office—Quo Wabbanto— Gonstbuction of Code.—The judgment in an election contest cannot properly adjudge that the defendant is unlawfully holding the office; and the provision of section 949 of the Code of Civil Procedure, which provides that an appeal does not stay proceedings where the judgment “adjudges the defendant guilty of usurping or intruding into, or unlawfully holding public office,” et cetera, applies only to the judgment in an action of quo warranto, or for the usurpation of office, and not to any judgment proper to be entered in an election contest.</p>