Wheeler v. Donnell

Citations

• 110 Cal. 655
• 43 P. 1
• 1896 Cal. LEXIS 529

Syllabus

<p>Criminal Law—Misdemeanor in Office—Appellate Jurisdiction — Dismissal.—A proceeding by accusation for alleged misdemeanors in office, under section 772 of the Penal Code, is a criminal proceeding not prosecuted by information or indictment, and is not within the appellate jurisdiction of the supreme court, and an appeal from the judgment rendered therein will be dismissed.</p> <p>Id.—Removal from Office—Fine—Judgment in Favor of Informer.— If the charges are substantiated, the fact that in such proceeding the court must enter a decree that the party accused be deprived of his office, and also enter a judgment in favor of the informer for the sum of five hundred dollars, does not make the demand a case at law for an amount greater than three hundred dollars within the appellate jurisdiction of the supreme court; but such judgment is for a fine, and the fact that it is payable to the informer, rather than into the county treasury, is wholly immaterial, and the provision therefor is purely incidental to the main purpose of the act, which is to secure the removal of the officer guilty of unlawful conduct.</p> <p>Id.—Quo Warranto—Title to Office.—An accusation for misdemeanor in office is in no sense a proceeding in the nature of quo warranto, nor is the title of the office in issue therein.</p>