People ex rel. Attorney General v. Clingan

Citations

• 5 Cal. 389

Syllabus

<p>In quo loarranto, the person who claimed the office held by the defendant, testified that his certificate of election was lost or destroyed, and the County Clerk swore that there was not in his office, or, so far as he knew, in the county, any record or written evidence of the persons who were 'elected to the different county offices. Held, that this testimony was sufficient to let in secondary evidence of the election and certificate.</p> <p>The evidence was sufficient to show that proper search had been made for the highest evidence.</p> <p>The testimony of the County Judge, who stated that he saw the certificate of election, was admissible, to prove its contents.</p> <p>It was also proper to ask the County Clerk if he knew who had been elected to the office in controversy.</p> <p>Where it appeared that the claimant of the office had acted as Sheriff, that being the office in controversy, that fact, together with 'the certificate of election, would raise the presumption, that he had executed his bond and taken the oath cf office.</p> <p>Where the people of the State are appellants, it is not necessary to file the usual undertaking on appeal.</p>