Keller v. Chapman
California Supreme Court
Appeal from the County Court of Los Angeles County. This was a proceeding, under the statute, by the contestant, as a qualified elector of Los Angeles County, to contest and set aside the election of defendant, at the general election held in 1867, to the office of District Attorney of said county.
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Appeal from the County Court of Los Angeles County. This was a proceeding, under the statute, by the contestant, as a qualified elector of Los Angeles County, to contest and set aside the election of defendant, at the general election held in 1867, to the office of District Attorney of said county. Among the grounds of contest set forth in contestant’s statement are the following, to wit: “ That at said election, holden at the Half-Way House Precinct of said county, the same was not holden by the Clerk appointed by the Board of Supervisors, nor by any other Clerk appointed according to law. “…
1Opinion of the Court
By the Court, Rhodes, J. .*
Proceedings instituted to contest the election of county officers are special and summary in their character. (Saunders v. Haynes, 13 Cal. 150; Whitney v. Board of Delegates, 14 Cal. 503; Searcy v. Grow, 15 Cal. 117; Dorsey v. Barry, 24 Cal. 449; Gasgrove v. Howland, 24 Cal. 457.)
The contestant is not permitted to take judgment by default. (Searcy v. Grow; Dorsey v. Barry, supra.) He must, therefore, prove the allegations of his statement. He failed to prove that Howard received any votes except at the precincts the returns of which were rejected by the Court, and…
2Cases cited5 opinions
- People ex rel. Whitney v. Board of Delegates of San Francisco Fire DepartmentCalifornia Supreme Court · 1860
- Searcy v. GrowCalifornia Supreme Court · 1860
- Dorsey v. Barry.California Supreme Court · 1864
- Sprague v. NorwayCalifornia Supreme Court · 1866
- Casgrave v. Howland.California Supreme Court · 1864
3Cited by10 opinions
- Schwarz v. County CourtSupreme Court of Colorado · 1890
- Town of Sugar v. Board of CommissionersSupreme Court of Colorado · 1914
- Lord v. DunsterCalifornia Supreme Court · 1889
- People ex rel. Pixley v. Lodi High School DistrictCalifornia Supreme Court · 1899
- Curry v. McCafferyMontana Supreme Court · 1913
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