Turner v. Melony

California Supreme Court July 1, 1859

Turner v. Melony, 13 Cal. 621 (Cal. 1859)

1859 Cal. LEXIS 216

Baldwin

Opinion of the Court

Baldwin, J. delivered the opinion of the Court—

Terry, C. J. concurring.

The Bespondent having been inducted into office, and his commission showing him entitled to it from the first day of January last, as Judge of the District Court, is entitled to the salary annexed to the office from that time.

The question of his eligibility cannot be tried on mandamus.

Judgment affirmed.

Reference

Full Case Name: In Re TURNER v. MELONY, Controller
Cited By: 7 cases
Status: Published
Syllabus: A District Judge, inducted into office, with a commission from the Governor showing him to he entitled to it from a certain date, draws the salary annexed to the office from that date. The question of his eligibility cannot be tried on mandamus.