Myers v. Hamilton

California Supreme Court

Myers v. Hamilton

60 Cal. 289, 1882 Cal. LEXIS 446

CourtCalifornia Supreme Court

DecidedMarch 24, 1882

DocketNo. 8,236

StatusPublished

Cited by1 cases

This text of 60 Cal. 289 (Myers v. Hamilton) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myers v. Hamilton, 60 Cal. 289, 1882 Cal. LEXIS 446 (Cal. 1882).

Pincite

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.

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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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Bluebook (online)

60 Cal. 289, 1882 Cal. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-hamilton-cal-1882.

Opinion

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