McGrew v. Mayor of San José (1880) · DecisionDepot

McGrew v. Mayor of San José

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1880 No. No. 7,272Published

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Holding. A Justice of the Peace is a judicial officer under the Constitution and must be elected at the same time and in the same manner as State officers. Consequently, an election held in April for this position is invalid.

Issues

Whether a Justice of the Peace is a judicial officer under the Constitution.
Whether the election of a Justice of the Peace must occur at the same time and in the same manner as State officers.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“a Justice of the Peace is one of the officers referred to and styled judicial in § 10 of art. xxii of the Constitution.”

“such officer must be “ elected at the time and in the manner that State officers are elected.””

“The election of the plaintiff in April last was therefore invalid, and the judgment of the Court below is affirmed.”

Synopsis

Justices of the Peace—Elections—Constitutional Law—Judicial Officers—Definition.—Justices of the Peace are judicial officers within the meaning of the Constitution, art. xxii, § 10, and must be elected at the general election.

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.

McGrew v. Mayor of San José

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