King

This action is brought under section 803 et seq. of the Code of Civil Procedure in the name of the people on the relation of W. N. Moore, to determine the right to the office of medical superintendent of the Mendocino State Hospital. The court below entered judgment for defendant. Plaintiff appealed from the judgment, and the case is presented here on the judgment-roll and a bill of exceptions.

By an act of the legislature approved February 20, 1889 (Stats. 1889, p. 25), the “Mendocino State Insane Asylum” was established at ITkiah in Mendocino county. It was under the general management of a board of directors, consisting of five persons, appointed as provided in the act; and it was provided that the board “shall elect a medical superintendent, whose ■term of office shall be four years, and until his successor is elected and qualified, and henceforth the directors shall elect the medical superintendent when it becomes necessary by the expiration of his term of office or by the occurrence of a vacancy in said office.” On the first day of April, 1893, the defendant King was regularly appointed to said office of medical superintendent for the term as prescribed in the act. The…