People ex rel. Barbour v. Mott

Citations

• 3 Cal. 502

Syllabus

<p>The legislature having created the Tenth Judicial District, and not having appointed a Judge therefor, the Governor, on the 1st May, 1851, appointed the respondent, who was duly qualified. The relator, on the 10th October thereafter, received a commission from the Governor as Judge of said District, having been elected by the people at the September general election of the same year, and was duly qualified. The relator appeared in court at the October Term, and the respondent being on the bench, claimed his right to exercise the duties of Jhdge of the court. The court decided that he had no such right, the respondent claiming to hold under his appointment and commission from the Governor until the election and qualification of a District Judge in September, 1852. Held, that the relator is rightfully entitled to the said office.</p>