Meyer v. Culver

• Decision Date: 10 January 1894
• Docket Number: Civil 388
• Parties: CHARLES H. MEYER, Plaintiff and Appellant, v. WILLIAM H. CULVER, Defendant and Appellee
• Court: Arizona Supreme Court

35 P. 984

4 Ariz. 145

CHARLES H. MEYER, Plaintiff and Appellant, v. WILLIAM H. CULVER, Defendant and Appellee

Civil No. 388

Supreme Court of Arizona

January 10, 1894

APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. Richard E. Sloan Judge.

Affirmed.

S. M Franklin, for Appellant.

Heney &amp Ford, for Appellee.

Rouse, J. Baker, C. J., and Hawkins, J., concur. Sloan, J., not sitting.

OPINION

The facts are stated in the opinion.

ROUSE, J.

This suit was instituted by appellant against appellee to try the title to the office of justice of the peace, under the provisions of title 62 of the Revised Statutes of 1887. Precinct No. 1, Pima County, is entitled to two justices of the peace. Justices of the peace, in this territory, are elected for a term of two years. At the general election in 1890, M. R. Slater and the appellee were elected justices of the peace for said precinct No. 1, and on the 1st of January thereafter received their commissions according to law, and duly qualified and entered into the possession of said offices. At the general election in 1892 they were candidates for re-election, and at the same time W. F. Scott, C. A Elliott, and the appellant were candidates for said offices. The votes cast for said offices were divided among the five candidates as follows: Scott, 368 votes; Culver, 303 votes; Meyer, 303 votes; Slater, 255 votes; Elliott, 224 votes. The board of canvassers declared that Scott was elected, and they further declared that, by reason of the tie between Meyer and Culver, neither of them was elected. The board of supervisors, at the meeting in January, 1893, duly commissioned Scott, and, acting on the theory that only one justice of the peace had been elected, and there was a vacancy, appointed and commissioned the appellant to fill said vacancy. After Scott received his commission and qualified, he received the books and papers pertaining to the office of justice of the peace from Slater, and entered upon the discharge of the duties of said office. After Meyer was appointed and commissioned by the board of supervisors, he demanded the books and papers of the office of justice of the peace from appellee, but Culver refused to give them up, and continued in the discharge of the duties of said office. Appellant then commenced this action, and in his complaint alleged, substantially, the foregoing facts. Appellee demurred to the complaint for the reason that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained, and the judgment of the court sustaining the demurrer is the only question presented to us by this appeal.

The precinct mentioned was entitled to two justices of the peace. In this territory the term of office of a justice of the peace is two years, and until his successor is elected and qualified. Rev. Stats., par. 1393. It is also provided that "all county and precinct officers shall hold office...