Carlson v. Burt
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County. W. L. Pierce, Judge. The facts are stated in the opinion of the Court.
1Opinion of the CourtTemple, J.
J. This is a contest for the office of assessor of the county of San Diego. The case was decided against the contestant on demurrer to the complaint. The court held that it had no jurisdiction, because the complaint—or written statement, as it is termed—was not filed with the county clerk within forty days after the return day of the election, as required by section 1115 of the Code of Civil Procedure.
The complaint shows that the election was held on Tuesday, November 6,1894; “ that the respective boards of election of the several precincts of said county, on or before Monday succeeding the…
2Cited by9 opinions
- Wilkinson v. La CombeMontana Supreme Court · 1921
- Tazwell v. DavisOregon Supreme Court · 1913
- Powers v. HitchcockCalifornia Supreme Court · 1900
- Alden v. Superior CourtCalifornia Court of Appeal · 1963
- O'Dowd v. Superior CourtCalifornia Supreme Court · 1910
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