Norwood v. Kenfield
California Supreme Court
Appéal from the County Court, Tuolumne County. At the general election held in Tuolumne County in September, 1865, Thomas Norwood, the plaintiff, and D. M. Kenfield, the defendant, were voted for for the office of County Treasurer. Kenfield was declared by the Board of Canvassers elected, and received the certificate, and Norwood contested the election. The statement filed by the contestant did not contain any prayer for relief.
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Appéal from the County Court, Tuolumne County. At the general election held in Tuolumne County in September, 1865, Thomas Norwood, the plaintiff, and D. M. Kenfield, the defendant, were voted for for the office of County Treasurer. Kenfield was declared by the Board of Canvassers elected, and received the certificate, and Norwood contested the election. The statement filed by the contestant did not contain any prayer for relief. The citation issued by the Clerk when the statement of contest was filed, was in the following form: State of California, County of Tuolumne. In the County Court—In…
1Opinion of the Court
By the Court, Sanderson, J. :
If the statement of Macomher as to his place of residence made at the North Precinct in Sonora, where he did not vote, was competent evidence for the contestant, his statement made at the South Precinct, where he did vote, must by parity of reason be competent evidence for the -respondent. If either can be regarded as a part of the res gestee, it must be the latter, for the latter accompanied the act of voting, and the former did not. Whether either was competent evidence or not, it is unnecessary to decide, for the contestant cannot be allowed to say that the…
2Cases cited3 opinions
- Searcy v. GrowCalifornia Supreme Court · 1860
- Carpentier v. WilliamsonCalifornia Supreme Court · 1864
- Griffin v. WallSupreme Court of Alabama · 1858
3Cited by10 opinions
- Garrison v. RourkeCalifornia Supreme Court · 1948
- Schwarz v. County CourtSupreme Court of Colorado · 1890
- McGregor v. Bd. of Trs. of BurlingameCalifornia Supreme Court · 1911
- Callahan v. DanzigerCalifornia Court of Appeal · 1916
- People v. GriffithCalifornia Court of Appeal · 1960
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