13 Cal. 621
Decided July 1, 1859
California Supreme Court · decided 1859-07-01
Mandamus. In the fall of 1858, at a general election, Turner was elected District Judge of the Eighth District for six years. He demanded his commission before January 1st, 1859. The commission was refused by the Governor, who issued a commission for the same office to one Haynes. The title of Haynes to the office was then tested by a quo warranto, in the suit of “ The People ex rel. Saunders v. Paynes, (ante,) and resulted in a decision by this Court adversely to Haynes.
Key passage — most relied on by later courts
““The Respondent having been inducted into office, and his commission showing him entitled to it from the first day of January last, as Judge of the District Court, is entitled to the salary annexed to the office from that time. “The question of his eligibility cannot be tried on mandamus.””
quoted by 1 later decision, including Clark v. Murtagh
Good law ✅— No negative treatment on recordhow we know
Decided 1859-07-01
Cited by 7 later decisions — most recently July 1963
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Terry, C. J. concurring.
¶2The Bespondent having been inducted into office, and his commission showing him entitled to it from the first day of January last, as Judge of the District Court, is entitled to the salary annexed to the office from that time.
¶3The question of his eligibility cannot be tried on mandamus.
¶4Judgment affirmed.