State ex rel. Fairbanks v. Superior Court

The opinion of the court was delivered by

Reavis, J.

Plaintiff in the suit in the superior court and the defendant Fairbanks were each candidates for members of the council of the city of Everett at the municipal election on the 8th of December, 1896. The result was a tie vote between them. Thereupon the city clerk, in pursuance of an ordinance under the charter of the city, decided the election by lot, and declared plaintiff the duly elected member of the council, and issued to him a certificate of election in due form. At the first meeting of the city council thereafter, on the 5th of…