People ex rel. Fowler v. Wells

Citations

• 11 Cal. 329

Syllabus

<p>At the general election held in Yuba County in September, 1855, W was elected County Treasurer of that county for two years from the date of his election, and until his successor was chosen and qualified. On the twenty-eighth day of April, 1857, a special Act was passed, extending the term of this officer to the first Monday in January, 1858. On the seventh of May, 1857, W resigned, and S P W was appointed hy the Board of Supervisors in his stead. At the general election in September, 1857, P received the majority of votes for that office, for the unexpired term of W, and claimed the office : Judd, that the appointee held for the balance of the extended term, and that there was no vacancy to be filled at the election in September, 1857.</p> <p>It is a well settled rule of construction, that statutes upon the same subject matter must be construed together, and that a general provision must be controlled by one that is special.</p>