People ex rel. McGarvey v. Hartwell

Citations

• 67 Cal. 11
• 6 P. 873
• 1885 Cal. LEXIS 525

Syllabus

<p>Public Office—Vacancy by Non-useb—Voluntaby Subbendeb by Isouaibent.—A public office becomes vacant by non-user, and subject to be filled by the appointing power, when the lawful incumbent voluntarily surrenders the office to another under the'mistaken belief that the latter had been elected as, and was his rightful successor, and acting upon such belief for a period of two years ceases to discharge the duties of the office, and makes no demand of the person to whom he had surrendered it to be restored thereto.</p>