gno.law

Myers v. Hamilton

California Supreme Court · No. 8,236 · 1882-03-24 · Published · 60 Cal. 289 · 1882 Cal. LEXIS 446

F. F. MYERS v. N. HAMILTON, Judges of the Superior Court etc

Area
civil

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

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.

Cites, in this corpus

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