Cupples v. Castro

This is an appeal by the contestee in an election contest. He has brought up the judgment roll only. On April 7, 1941, a municipal election was held in the city of Santa Clara. Among the offices to be filled was the office of mayor. Clarence A. Castro, Samuel E. Cupples, and Peter Dies were the contesting candidates. The canvassing board found that Cupples and Castro each received 911 votes and declared Castro elected. The contestant Cupples filed a. contest. The contestee Castro answered. The trial court made findings in favor of the contestant. It found that the contestant received 907…