People ex rel. Palmer v. Woodbury

Citations

• 14 Cal. 43
• 1859 Cal. LEXIS 235

Syllabus

<p>Is quo warranto to determine the right to an office, an allegation, that defendant is in possession of the office without lawful authority, is a sufficient allegation of intrusion and usurpation.</p> <p>If the complaint be defective in this particular, the defect must be reached by special demurrer.</p> <p>The place of Pilot in the port of San Francisco, is an office.</p> <p>The Board of Pilot Commissioners, under the Act of 1854, as amended by the Act of 1858, have only the powers conferred by the Act, and must appoint the Pilots from the classes of persons named therein. They cannot appoint a man as Pilot, who has not served two years on a pilot boat in the harbor, or commanded a vessel in and out of port for three years.</p> <p>Quo warranto lies to test the right of an appointee of this Board.</p> <p>No appointing power in this State can determine conclusively upon the capacity of the appointee to hold office. That question may be examined in the Courts.</p>