Myers v. Hamilton, 1882 Cal. LEXIS 446

Myers v. Hamilton

1882 Cal. LEXIS 446

Cal.

1882

Check Treatment

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.