Gillespie

By the Court,

The relator states that David Gillespie, in violation of the constitution of the state of California and of the charter of the city of San Francisco, has been elected to, and continues to exercise, the office of alderman *343 of said city—that at the time of his election, lie was ineligible to said office by reason of his non-residenco in said state for the term required by law, &c. The superior court seems to have overlooked the first question argued here as to its jurisdiction in cases of proceedings by quo warranto, and proceeded to pass upon the eligibility of the respondent at the time of his election. We do not think that the superior court of the city of San Francisco has any jurisdiction of information by quo warranto. At common law the information lay only in a superior court, namely, in the king’s bench, (4 Cowen, 102,) in this state in the district court. (See act to organize the district court, dec., sec. 8.) In other of the United States, in the superior courts of the state. {See authority above cited.) This writ was denied at the last term of this court in the case of The Attorney General, ex parte, (ante, p. 85,) for the reason that the supreme court…