Robertson

This is an appeal from an order and judgment of the superior court of the state of California in and for the county of Santa Clara, denying plaintiff’s prayer for a writ of mandate commanding defendant as County Auditor to draw his warrant for the salary of plaintiff as justice of the peace of the city of San Jose. A statement of the case follows:

Pursuant to the notice of election .of officers given by the proper authorities of Santa Clara County the appellant, Richard F. Robertson, became a candidate at both the primary and general elections held in the year 1926 for the office of justice of the peace of the city of San Jose. At the general election appellant, receiving the highest number of votes cast, was declared elected to said office by the board of supervisors of said county of Santa Clara, and a certificate of election to said office was issued to appellant. Thereafter appellant duly qualified as such official, giving the necessary bond, properly approved, taking the requisite oath, and filing and recording said oath and bond as required by law. Respondent does not question either the validity of plaintiff’s election or his qualification to hold the office of justice of…