People ex rel. Tracy v. Brite

Citations

• 55 Cal. 79

Syllabus

<p>Office—Vaoanov - - Supebvisob.—Under § 996 Political Code, an office becomes vacant, ipso facto, upon the incumbent ceasing to be an inhabitant of the district (if the office be local) for which he was elected, or within which the duties of the office are required tobe discharged; and a successor may be appointed without a previous adjudication that the office is vacant. So held, in an action for usurpation of office brought by the People, upon the relation of one who had been duly appointed and qualified as Supervisor of a certain district, against a subsequent appointee of the County Judge to the same office.</p> <p>Id.—Evidf.nce—Ebbob.—Held further, in the same action, that it was error to admit in evidence a petition of numerous persons for the appointment of the defendant, wherein it was stated that the relator had ceased to be an inhabitant of the State, and the judgment reversed on that account.'</p>