People v. Holloway
California Supreme Court
The relators filed a petition in the Supreme Court, in which they allege that, at an election held in accordance "with an Act of the Legislature for the purpose of determining the location of the county seat of Lake County, the officers of the election in certain precincts and the Board of Canvassers were guilty of fraudulent conduct, whereby it was made to appear that Lower Lake had received a majority of votes over Lakeport, when in fact the latter town had received a…
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The relators filed a petition in the Supreme Court, in which they allege that, at an election held in accordance "with an Act of the Legislature for the purpose of determining the location of the county seat of Lake County, the officers of the election in certain precincts and the Board of Canvassers were guilty of fraudulent conduct, whereby it was made to appear that Lower Lake had received a majority of votes over Lakeport, when in fact the latter town had received a majority of twenty-one votes; and that the Board of Supervisors, acting upon returns so made, had issued an order removing…
1Opinion of the Court
By the Court, Rhodes, C. J.:
The issues in this cause having been referred to the District Court for Rapa County for trial, and the jury in that Court having rendered a verdict, which was thereafter duly certified to this Court, the respondents moved in the District Court for a new trial, and the petitioner moved in this Court for judgment, ordering the writ of mandate to issue as prayed for in the petition.
We are of the opinion that the motion for a new trial should have been made in this Court, and not in the District Court. The petitioner is therefore entitled to judgment on the verdict.…
2Cited by4 opinions
- State Ex Rel. Lynch v. BataniMontana Supreme Court · 1936
- People ex rel. Lincoln County v. GeorgeIdaho Supreme Court · 1891
- In re PhilbrookCalifornia Supreme Court · 1895
- Tederall v. BouknightSupreme Court of South Carolina · 1886