Legal Opinion
Soto v. Vannoy
California Supreme Court
Decided May 28, 1884No. 7,867PublishedCited by 5 opinions
Appeal from a judgment of the Superior Court of the county of Monterey. The facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
This is a contested election case. The court below found that the vote, as between the contestant and respondent, was a tie vote, and thereupon rendered judgment in favor of respondent, and for his costs.
Under sections 1114 and 1122 of the Code of Civil Procedure, judgment in a contested election case, is authorized to be one of three, viz: —
1. Of dismissal, if the statement of the cause of contest be insufficient.
2. Confirming the election.
3. Setting aside and annulling the election of the respondent, if the number of his legal votes be reduced below the number of votes given to…
2Cited by5 opinions
- Hellman v. ShoultersCalifornia Supreme Court · 1896
- Osburn v. StoneCalifornia Supreme Court · 1915
- Wright v. AshtonCalifornia Supreme Court · 1904
- Mulberry v. O'DeaCalifornia Court of Appeal · 1906
- Smith v. PomboCalifornia Court of Appeal · 1967