People ex rel. Freund v. Burden
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. The relator filed a petition, in which he alleged that at the general election in 1869 he had received a majority of two votes, out of one thousand seven hundred and fifty-eight, for the office of Coroner, as shown by a recount of the ballots, and that, notwithstanding this, the Board of Supervisors, acting as a Board of Canvassers, had refused to give him a certificate of election.
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Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. The relator filed a petition, in which he alleged that at the general election in 1869 he had received a majority of two votes, out of one thousand seven hundred and fifty-eight, for the office of Coroner, as shown by a recount of the ballots, and that, notwithstanding this, the Board of Supervisors, acting as a Board of Canvassers, had refused to give him a certificate of election. He asked that judgment be rendered declaring him duly elected Coroner. The respondent denied the allegations of the petitioner…
1Opinion of the Court
By the Court:
The Court below found that the respondent received a majority of the votes cast for the office of Coroner, and was, therefore, elected. There was some evidence tending to show that some of the packages of ballots had been opened and changed to some extent after they were received by the County-Clerk. It also appeared that the ballots from one of the precincts were not sealed up as required by law. In view of these facts we cannot say that the Court erred in its finding.
Judgment affirmed.
2Cited by6 opinions
- Dent v. Board of CommissionersWest Virginia Supreme Court · 1898
- Beall v. AlbertIllinois Supreme Court · 1895
- Thornhill v. WearSupreme Court of Louisiana · 1912
- Farrell v. LarsenUtah Supreme Court · 1903
- Chatham v. MansfieldCalifornia Court of Appeal · 1905
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