California Supreme Court, 1882

Myers v. Hamilton

Myers v. Hamilton
California Supreme Court · Decided March 24, 1882
60 Cal. 289; 1882 Cal. LEXIS 446

Myers v. Hamilton

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.

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