Turner v. Melony

13 Cal. 621 | Cal. | 1859

Baldwin, J. delivered the opinion of the Court—

Terry, C. J. concurring.

The 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.

The question of his eligibility cannot be tried on mandamus.

Judgment affirmed.