People ex rel. Danielwitz v. Harvey

Citations

• 58 Cal. 337
• 1881 Cal. LEXIS 226

Syllabus

<p>Municipal Election' in San Francisco—Constitutional Law—School Director.—In an action to determine the right of the defendant to the office of School Director, to which he had been appointed on the 10th day of May, 1880 (under § 13, Supplement xiii, of the Consolidation Act of San Francisco), by the Superintendent, by and with the consent of a majority of the School Directors, to fill a vacancy—his term of office under the law being until the municipal election next ensuing, and the election and qualification of his successor. The relator claimed to have been elected to fill the vacancy at a municipal election held on the 2d day of November, 1880, and judgment in the lower court was given in his favor.</p> <p>Held, That the alleged election was illegal and void, and that therefore the term of the defendant had not expired.</p>