People Ex Rel. Hardacre v. Davidson

A careful examination of the record, in the light of the petition for rehearing and recent decisions therein cited, has not shaken our confidence in the conclusion voiced in the decisions filed herein. The cases of People ex rel. Russell v.Town of Loyalton, 147 Cal. 774, [82 P. 620], and People exrel. Martin v. Worswick, 142 Cal. 76, [75 P. 663], as far as applicable to the case at bar, simply lay down the rule that the burden is on the plaintiff to show that the illegal ballots were sufficient in number to make a difference in the result if deducted. We have never doubted either the…