Muehe

The appellant by its attorney-general instituted in the county of Los Angeles a proceed- mg in quo warranto upon relation of certain citizens and" taxpayers of the city of Azusa, a city of the sixth class, praying that respondents be required to show cause why they should occupy the office and exercise the powers of city trustees of said city, and that they be excluded from office as such trustees. Judgment was rendered decreeing that respondents were each legally entitled to the office of city trustee, and that each was a duly and regularly constituted and acting member of said board. The plaintiff appealed.

On November 27, 1928, four of the members of the board of trustees resigned. Thereafter, on the same date three of said persons met pursuant to a call issued prior to their resignation, and appointed successors to those who had resigned. Such appointees continued to occupy, and to perform the functions of, the trustees whom they so succeeded, until commencement of the instant proceeding "in the superior court. As heretofore observed, it was decided below that the then incumbents were not illegally occupying said offices. It is stipulated by counsel that pursuant to an…