Perkins

On the nineteenth day of January, 1887, Governor Bartlett issued a commission to the relator, appointing him a director of the state board of agriculture for the term of four years, which began on February 1st of the same year, as prescribed by section 4 of the act of 1880. (Stats. Cal. 1880, p. 49.) The commission was forwarded from the capítol at Sacramento to San Francisco by Wells, Fargo, & Co.’s express, addressed to the relator, at the latter place, but was not received by him until the seventeenth day of February, 1887, prior to which time he had no notice of his appointment or the issuance of the commission. The day after he received the commission he qualified by taking and subscribing the oath of office, which was filed the next day, —February 19, 1887,—in the office of the secretary of state. Upon the filing of his official oath he immediately entered into and commenced to exercise the functions of the office, and continued to hold and discharge the duties of such office until he was ousted therefrom by the defendant Dana Perkins, on the twenty-seventh day' of January, 1888, who claimed the office by virtue of a commission issued to him by Governor Waterman on the third…