McGrew v. Mayor of San José

California Supreme Court
McGrew v. Mayor of San José, 55 Cal. 611 (Cal. 1880)
1880 Cal. LEXIS 333

McGrew v. Mayor of San José

Opinion of the Court

By the Court :

In our opinion, a Justice of the Peace is one of the officers referred to and styled judicial in § 10 of art. xxii of the Constitution. (See also § 11, art. vi.)

By the provisions of that section, such officer must be “ elected at the time and in the manner that State officers are elected.” This is conclusive of the case. The election of the plaintiff in April last was therefore invalid, and the judgment of the Court below is affirmed.

Reference

Full Case Name
McGREW v. MAYOR ETC. OF SAN JOSÉ
Cited By
3 cases
Status
Published
Syllabus
Justices of the Peace—Elections—Constitutional Law—Judicial Officers—Definition.—Justices of the Peace are judicial officers within the meaning of the Constitution, art. xxii, § 10, and must be elected at the general election.