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Drescher v. Board of Supervisors of Butte County

Supreme Court of California
May 31, 1923
191 Cal. 234 (Cal. 1923)

Opinion

S. F. No. 10706.

May 31, 1923.

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.

Elmer W. Armfield and Arthur B. Eddy for Petitioners.

No appearance for Respondents.


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.

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.

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.


Summaries of

Drescher v. Board of Supervisors of Butte County

Supreme Court of California
May 31, 1923
191 Cal. 234 (Cal. 1923)
Case details for

Drescher v. Board of Supervisors of Butte County

Case Details

Full title:P. C. DRESCHER et al., Petitioners, v. BOARD OF SUPERVISORS OF BUTTE…

Court:Supreme Court of California

Date published: May 31, 1923

Citations

191 Cal. 234 (Cal. 1923)
215 P. 902

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