Drescher v. Board of Supervisors
P. C. Drescher v. Board of Supervisors of Butte County
- Outcome
- writ denied — APPLICATION for a Writ of Mandamus to compel a Board of Supervisors to appoint a member of an irrigation district board. Writ denied. The facts are stated in the opinion of the court.
- Area
- civil
- Panel
- The Court (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
This is an application for a writ of mandamus to compel the respondent Board of Supervisors to appoint a member of the Honcut-Yuba Irrigation District, upon the ground that there is a vacancy in the board of that district representing division one. *Page 235 The application shows that the position is now being occupied by one C.F. Cox, who is performing the duties of the office with the acquiescence of his associates and under claim of right.
[1] Under the circumstances a writ of mandamus should not be issued because, in effect, it would require us to try the title to the office. The writ should not be granted until it has been established by judicial process that there is a vacancy to be filled. (Kelly v. Edwards,69 Cal. 460 [11 P. 1].)
The petition is denied.
Cites, in this corpus
- Kelly v. Edwards No. 11370 · 1886-04-27
Cited by
- Klose v. Superior Court Civ. 14413 · 1950-04-11
- Meeker v. Reed Docket No. 2921. · 1924-12-04