Marsh

The purpose of this proceeding was to determine the title to the office of district attorney of San Diego County.

It appears from findings of the court as to which there is no controversy, that on June 22,1915, D. Y. Mahoney was the duly elected, qualified, and acting district attorney of San Diego County; that on said date he signed and delivered to C. H. Swallow, a member of the board of supervisors of said county, his resignation of the office of district attorney, a copy of which document is as follows:

“June 22, 1915.

“To the Honorable Board of Supervisors of .the County of San Diego, State of California.

“Gentlemen:

“I hereby tender to your Honorable Body my resignation from the office of District Attorney of the County of San Diego, State of California, and ask that the same be accepted and take effect on the filing of this my. resignation with the Clerk of the Board óf Supervisors of the County of San Diego, State of California. D. Y. Mahoney,

“District Attorney of the County of San Diego, State of California.”

That at about 7:30 o’clock P. M. on said June 22d, Swallow went to the home of B. Allen, who was a deputy county clerk and acting clerk of the board of…