People ex rel. Brodie v. Weller

Citations

• 11 Cal. 77

Syllabus

<p>A person duly elected Judge of the District Court of this State, is entitled to hold office for the period of six years.</p> <p>Where an election for the office of District Judge was held by the qualified electors of such district at the general election in 1858, and the term of the present incumbent of that office does not expire until January, 1861: Held, that such election was unauthorized and the person elected is not entitled to a commission to such office.</p> <p>The statute, so far as it affects the election of 1858, only applies to such offices as were to become vacant in January, 1859, and this is evident as well as by the terms of the Act as the unreasonableness of supposing that the Legislature meant to authorize an election several years in advance of the time when the office was to be filled.</p>