Myers v. Hamilton

California Supreme Court March 24, 1882

Myers v. Hamilton, 60 Cal. 289 (Cal. 1882)

1882 Cal. LEXIS 446

Opinion of the Court

The Court :

The petitioner applies for a writ of review to correct alleged errors of the respondents in declaring a vacancy in the office of Supervisor, and in appointing a person to fill the vacancy.

Even if the appointing power rested with the respondents, the exercise of that power was not the exercise of a judicial function within the meaning of Section 1068, C. C. P. (People v. Bush, 40 Cal. 344.)

The motion to quash the proceedings is granted.

Reference

Full Case Name: F. F. MYERS v. N. HAMILTON, Judges of the Superior Court etc
Cited By: 1 case
Status: Published
Syllabus: Certiorari—Vacancy in Office of Supervisors—Appointment by Superior Judge.—Certiorari to review an order of the defendants (under Pol. C. § 4026) appointing a person to fill a vacancy in the office of Supervisor. Held: The order was not an exercise of a judicial function within the meaning of § 1068 C. C. P.