Miller v. Board of Supervisors

Citations

• 25 Cal. 93

Syllabus

<p>Certiorari.—The amended Constitution confers upon the Supreme Court original jurisdiction to issue writs of certiorari.</p> <p>Official Bonds.—In the matter of the approval of the bonds of officers, Boards of Supervisors exercise judicial functions.</p> <p>Resignation of Office.—One who has been elected to an office cannot resign the same until the time has arrived when be is entitled by law to possess the same, and he has taken the oath and given the required bond, and entered upon the discharge of its duties.</p> <p>Same.—An attempt by one elected to an office to resign the same before he has qualified and entered upon the discharge of its duties, is abortive and ineffectual.</p> <p>Rejection of Official Bonds.—A Board of Supervisors has no jurisdiction to reject an official bond, except for the reasons that it is not in form and substance in compliance with the requirements of the statute, or is not executed by sufficient and responsible sureties; and the Supreme Court will review on certiorari and annul an order of a Board rejecting a bond for any other than one or more of said reasons.</p>