Stewart v. Kyser

The Court.

is a proceeding by which the plaintiff contested the election of the defendant to the office of public administrator of the county of Napa, on the ground that a number of votes cast and counted for defendant, more than equal to the majority by which he had been declared elected, were illegal, solely because the persons who cast them were not residents of the precincts in which they voted.

The court found that defendant had received sixteen hundred and seven-one legal votes, and that the contestant had received only sixteen hundred and fifty-six votes; and thereupon adjudged that the…