McMillan v. Siemon

THOMPSON, J., pro tem.

This is an appeal from a judgment in an election contest in which the contestant and respondent was declared elected by a majority of one vote to the office of city councilman for the sixth ward of the city of Bakersfield, and the judgment directed the issuance of a certificate of election to contestant.

The election was the regular city general election held April 11, 1939, under the Bakersfield city charter (Stats. 1915, p. 1568) which provides that such elections are subject to the general election laws of the state (id., p. 1572).

Tbe controversy arises over the…