Lorbeer v. Hutchinson

Citations

• 111 Cal. 272
• 43 P. 896
• 1896 Cal. LEXIS 574

Syllabus

<p>Municipal Corporations —Appointment of City Marshal—Certiorari —Nonjudicial Action—The appointment of a city marshal by a city council to fill a vacancy is not a judicial act, and cannot be reviewed by' certiorari.</p> <p>Id.-—Declaring Vacancy — Failure to Qualify — Judicial Inquiry — Power of City Council.—A city council has no power to remove a city marshal, or by any judicial inquiry to declare a vacancy; but if he fails to qualify such failure ipso Jacto creates a vacancy, and on being informed of the fact the board can fill the vacancy without declaring it; and so declaring as part of the order appointing a successor does not indicate a judicial inquiry and determination, re viewable by certiorari.</p>