Babcock

This is an appeal from a final judgment in favor of defendant upon sustaining a demurrer to the complaint of the relator. The complaint may be epitomized thus: 1. Andrew J. Moulder, the duly elected, qualified, and acting superintendent of schools for the city and county of San Francisco, died on the fourteenth day of October, 1895, whereby the office of such super *560 intendent of schools became vacant; 2. On the fourth day of November, 1895, the plaintiff, Charles S. Young, was, by the board of supervisors of said city and county of San Francisco, appointed superintendent of schools in and for said city and county, to fill the vacancy caused by the death of said Moulder.

3. Said Charles S. Young thereupon and in due time qualified, took and filed his oath of office, filed his bond, as required by law, etc., as such superintendent.

4. The defendant, Madison Babcock, claims to be the superintendent of schools in and for said city and county, and since November 4, 1895, has usurped and intruded himself into said office, to the exclusion of said Charles S. Young, who, on the twenty-first day of November, 1895, demanded to be let into possession of said office, which was refused…