Casgrave v. Howland.
California Supreme Court
Appeal from the County Court, Napa County. Howland and Casgrave were candidates for the office of County Recorder of Napa County at the general election in the fall of 1863. Howland was declared elected, and received his certificate and qualified. Casgrave contested the election. The Court below rendered judgment in favor of Howland. Casgrave moved for a new trial and appealed. • The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, C. J.
*458This is a proceeding under the provisions of Article VI of the Act to regulate elections, to contest the right of the defendant, Howland, to the office of Recorder of Napa County. The appeal is taken from the judgment and an order overruling a motion for a new trial. The transcript contains a statement on the motion for a new trial, and it may be used as such in determining the appeal from the order, but cannot be so used in determining the appeal from the judgment, in the absence of any stipulation to that effect. No such stipulation is to be found in the…
2Cases cited1 opinion
- Dorsey v. Barry.California Supreme Court · 1864
3Cited by12 opinions
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- Lloyd v. SullivanMontana Supreme Court · 1890
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