French v. County of Santa Clara

Citations

• 69 Cal. 519
• 11 P. 30
• 1886 Cal. LEXIS 674

Syllabus

<p>Justices’ Courts—Election of Justice—Eaxlube of Successob to Qualify—Incumbent Entitled to Office.—In 1877, the plaintiff was elected one of the justices of the peace for Milpitas township, qualified as such, and entered upon the discharge of his official duties. At the election in 1879, one Topham was elected as his successor, but having failed to qualify, the plaintiff held over. In 1882, the plaintiff was again elected a justice of the peace for the township, the board of supervisors having meanwhile provided for the election of but one justice for that township. He failed, however, to qualify, but continued to discharge the duties of justice. The action was brought to recover the fees allowed by law for certain services thereafter rendered by him as justice. Held, that the plaintiff was entitled to recover, as under section 879 of the Political Code he was entitled to the office until the qualification of his successor.</p> <p>Id. —Held further, that the character of the office of justice was not changed by the reduction of the number of justices, or by the act of the legislature enlarging the jurisdiction of justices’ courts in pursuance of the constitution of 1879.</p>