Hayes v. Kirkwood

This is a contest for the office of sheriff of the county of Mono. Kirkwood was declared elected by the board of supervisors, and Hayes instituted this action to have it adjudged that he, and not Kirkwood, was legally elected to said office. The superior court recounted all the votes, and found that Kirkwood had a majority, and rendered judgment accordingly. Hayes appeals from the judgment.

There is no question raised as to the marking of the ballots, or as to the legality of any ballot, provided the election at Antelope Precinct was legally held; but appellant contends that, for reasons…