Abbott v. Hartley

This is an election contest over the office of justice of the peace of the eighth judicial township of the county of Contra Costa. By the official returns it appeared that the appellant, A. C. Hartley, had received a plurality of thirty-three votes, and on a recount of the ballots the court found and declared the contestant elected by a plurality of five votes.

The complaint charged that the contestant had received a higher and greater number of votes for the office than had the contestee Hartley, “but that notwithstanding thereof, through and by the carelessness, negligence, and malconduct of…