Rea

This is an action to oust defendants from the office of justice of the peace of O’Neal township, in San Joaquin county. The court rendered judgment ousting defendants Rea and Ailing, and declaring that defendant Town was entitled to the office. From such judgment and an order denying their motion for a new trial, defendants Rea and Ailing prosecute this appeal.

The court found that defendant Town and one Harelson were duly qualified justices of the peace for said township for the term ending January 5, 1903, that said Harelson died December 10, 1901, and that no successor was thereafter elected or appointed to fill the position thus made vacant. As conclusion of law it was found that defendant Town was entitled to hold over under section 879 of the Political Code. Aside from the office involved, this finding and conclusion constitute the only difference between this case and the case of People ex rel. Hardacre v. Davidson and Peters, ante, p. 100, [ 83 Pac. 161 ]. On the authority of that ease it must here be held that neither of the appellants is entitled to hold said office.

The only question remaining is whether this court is bound to consider or determine the right of…