Knight

The appellant was appointed attorney for the state board of health, by virtue of the provisions of an act authorizing such appointment (Stats. 1891, p. 209), June 13, 1891. July 11, 1895, the governor appointed the relator to succeed the appellant in the said office, and a commission therefor was duly issued to him. After qualifying for the office, the relator presented to the appellant his commission, and notified him that he had filed his oath of office, and demanded to be let into the possession and enjoyment of said office, but the appellant refused, and has ever since refused, to let the relator into the possession of said office, or to permit him to hold and exercise the same. The present action was brought under the provisions of section 803 of the Code of Civil Procedure, for the purpose of having the appellant excluded from said office, and establishing the right of the relator thereto. Judgment was entered in favor of the relator, from which the present appeal has been taken.

Section 1 of the act above named is as follows:

The proposition contended for by the appellant, and upon which he claims the right to retain the office, is that, by reason of the last clause in…