California Supreme Court, 1860

People ex rel. Orman v. Riley

People ex rel. Orman v. Riley
California Supreme Court · Decided July 1, 1860 · Cope
16 Cal. 186; 1860 Cal. LEXIS 203
People ex rel. Orman v. Riley

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Cope, J. delivered the opinion of the Court

Field, C. J. concurring.

This is a contest for the office of Sheriff of the county of Del Norte. The judgment must he reversed, upon the ground that the special term of the Court at which the case was tried was called upon insufficient notice. The statute (Wood’s Dig. 381) requires a notice of not less than ten nor more than twenty days, and the failure to give the requisite notice in this case, renders the proceedings irregular, if not void.

Judgment reversed, and cause remanded for new trial.

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