McGrew v. Mayor of San José

55 Cal. 611 | Cal. | 1880

By the Court :

In our opinion, a Justice of the Peace is one of the officers referred to and styled judicial in § 10 of art. xxii of the Constitution. (See also § 11, art. vi.)

By the provisions of that section, such officer must be “ elected at the time and in the manner that State officers are elected.” This is conclusive of the case. The election of the plaintiff in April last was therefore invalid, and the judgment of the Court below is affirmed.