People, ex rel. Packard v. Supervisors of Santa Barbara County

California Supreme Court July 1, 1859

People, ex rel. Packard v. Supervisors of Santa Barbara County, 14 Cal. 102 (Cal. 1859)

Baldwin

Opinion of the Court

Baldwin, J.

delivered the opinion of the Court—Cope, J. concurring.

There is no merit in this appeal. The plaintiff has mistaken the remedy, if there be any, to compel the defendants to order *103the elections for the offices named in his petition. He shows no title to the writ of mandamus prayed for. It is not necessary to decide the question of the constitutionality of the 20th Section of the Act creating a Board of Supervisors, (Wood’s Digest, 694,) though it is difficult to see how it conflicts with the Constitution. (See Attorney-General v. Squires, ante.)

Judgment affirmed.

Reference

Full Case Name: THE PEOPLE, ex rel. PACKARD, District Attorney v. THE SUPERVISORS OF SANTA BARBARA COUNTY
Status: Published
Syllabus: Mandamus does not lie to compel the Supervisors of a county to order a special election to fill vacancies in the offices of Assessor and Sheriff. It is difficult to see how Section 20 of the Act creating Boards of Supervisors, (Wood’s Dig. 694,) is unconstitutional. But the question is not here decided.