Legal Opinion

Preston v. Culbertson

California Supreme Court

Decided July 1, 1881No. 6,512PublishedCited by 18 opinions

Appeal from a judgment for the plaintiff in the County Court of Tuolumne County. Redmond, J. The hill of exceptions contained, among others, the following assignments of errors on the part of the defendant: The Court' erred in the cases of Charles Mayhew, Richard Clamp, and George Anderson, who were naturalized citizens and on the Great Register, wherein it decided that it could go behind the registration of voters, and take evidence as to when and where they were…

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Appeal from a judgment for the plaintiff in the County Court of Tuolumne County. Redmond, J. The hill of exceptions contained, among others, the following assignments of errors on the part of the defendant: The Court' erred in the cases of Charles Mayhew, Richard Clamp, and George Anderson, who were naturalized citizens and on the Great Register, wherein it decided that it could go behind the registration of voters, and take evidence as to when and where they were naturalized, and to determine if they were properly on the Great Register. This Court has no jurisdiction over the subject of the…

1Opinion of the Court

The Court :

This is a contested election, each of the parties claiming to have been chosen Supervisor in District Ho. 3, Tuolumne County.

Within forty days after the votes were canvassed, and defendant declared elected, plaintiff filed with the County Clerk his “ statement.” (Code Civ. Proc. § 1115.) He omitted to allege in it the date of the canvass—the “ return-day.” Defendant’s general demurrer was sustained. Plaintiff, with leave of the Court, filed an amended complaint, wherein the return-day was alleged as of a date more than forty days *208previous to the filing of the amended complaint, but…

2Cases cited2 opinions

  1. Minor v. KidderCalifornia Supreme Court · 1872
  2. Sprague v. NorwayCalifornia Supreme Court · 1866

3Cited by18 opinions

  1. Bowers v. SmithSupreme Court of Missouri · 1892
  2. In Re East Bay Etc. Water Bonds of 1925California Supreme Court · 1925
  3. Kellogg v. HickmanSupreme Court of Colorado · 1889
  4. Noble v. Kertz & Sons Feed & Fuel Co.California Court of Appeal · 1945
  5. Lankford v. GebhartSupreme Court of Missouri · 1885

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