Smiley v. Armstrong

At the general election in November, 1936, the plaintiff, R. A. Smiley, and defendant, J. M. Armstrong, were rival candidates, for the office of state’s attorney of Butte county.

The canvassing hoard, having determined that defendant had received a greater number of votes, issued to him a certificate of election. This proceeding was then instituted in the circuit court. Upon a recount of the ballots cast at the election the trial court found that 1,304 votes had been cast for the plaintiff and 1,301 for the defendant, and by judgment the former was declared elected. From this judgment…