Barrett v. Ashmore

1. When, under the Civil Code, § 486, a petition is presented to the ordinary of a county for removal of the county-site, and it appears affirmatively that “two fifths of the poll-taxpayers (as shown by the tax-receiver’s digest last made out)” signed the petition, it is the duty of the ordinary to call an election for the purpose of submitting the question of removing the county-site to a vote of the people; but if, in order to find that the petition contains the requisite two fifths, it is necessary for the ordinary to act upon extraneous evidence, explaining that certain names upon the…