Maddux v. Walthall
California Supreme Court
APPEAL from a judgment of the Superior Court of Stanislaus County. William 0. Minor, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
HENSHAW, J.—
This was an election contest instituted under sections 1111 et seq. of the Code of Civil Procedure. The court rejected the ballots in the senatorial and assembly squares of the Republican ticket containing a cross after the words “No nomination.’’ The result of the recount was, that the contestant received the greater number of legal ballots, and was declared elected. The contestee appeals.
Upon his appeal he urges that the proceeding provided for by the sections of the code above cited is unconstitutional. In substance his argument is, that, as a public office is a public trust,…
2Cases cited10 opinions
- Kennard v. Louisiana Ex Rel. MorganSupreme Court of the United States · 1876
- People Ex Rel. Bledsoe v. CampbellCalifornia Supreme Court · 1902
- Tebbe v. SmithCalifornia Supreme Court · 1895
- Patterson v. HanleyCalifornia Supreme Court · 1902
- Taylor v. BleakleySupreme Court of Kansas · 1895
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3Cited by10 opinions
- Friends of Sierra Madre v. City of Sierra MadreCalifornia Supreme Court · 2001
- Horwath v. City of East Palo AltoCalifornia Court of Appeal · 1989
- Fitzsimmons v. WilksCalifornia Court of Appeal · 1914
- McCarthy v. WilsonCalifornia Supreme Court · 1905
- Merkley v. TrainorCalifornia Supreme Court · 1904
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