Myers v. Hamilton
Synopsis
Certiorari—Vacancy in Office of Supervisors—Appointment by Superior Judge.—Certiorari to review an order of the defendants (under Pol. C. § 4026) appointing a person to fill a vacancy in the office of Supervisor.
Held: The order was not an exercise of a judicial function within the meaning of § 1068 C. C. P.
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.
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