Lenehan v. Tharp (1881) · DecisionDepot

Lenehan v. Tharp

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

California Supreme Court Dec 19, 1881 No. No. 8146Published

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Holding. The court held that a certificate of election cannot be issued without a declaration of election by the board of election commissioners and that the chief of police was not an office subject to election at the time.

Issues

Whether a certificate of election can be issued without a declaration by the board of election commissioners.
Whether the chief of police was an officer to be elected at the municipal election in San Francisco.

Disposition. reversed

Quotations verified verbatim against the opinion

“The statute requires, as a condition precedent to the issuance of a certificate of election, the declaration of such election by the board of election commissioners.”

Synopsis

Elections—Chief of Police of San Francisco.—As a condition precedent to the issuance of a certificate of election to a chief of police of San Francisco, it is required that the board of election commissioners declare that such election has been had.

By the COURT. The statute requires, as a condition precedent to the issuance of a certificate of election, the declaration of such election by the board of election commissioners. There was no such declaration by the board of election commissioners in this case. Besides, this court, previous to the last municipal election in the city and county of San

[124]Francisco, determined that under the existing laws the chief of police was not one of the officers to be elected at that election.

Judgment reversed.

Lenehan v. Tharp

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