Smith v. Thomas
California Supreme Court
APPEAL from a judgment of the Superior Court of Tulare County. Wheaton A. Gray, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
This is an election contest involving the right to the office of supervisor in district Ho. 3, county of Tulare. Defendant was declared elected by the board of canvassers. At the trial the court found that each received the same number of legal votes, and, as a conclusion of law, that plaintiff take nothing by the action.
1. The first point made upon the appeal is, that a certain ballot which had been counted for the defendant is illegal because it was marked so that it could be identified. There clearly was such a mark upon the ballot, and if it was upon the ballot when voted it should be…
2Cases cited1 opinion
- Lauer v. EstesCalifornia Supreme Court · 1898
3Cited by14 opinions
- Garrison v. RourkeCalifornia Supreme Court · 1948
- Gooch v. HendrixCalifornia Supreme Court · 1993
- Wilks v. MoutonCalifornia Supreme Court · 1986
- Huston v. AndersonCalifornia Supreme Court · 1904
- Robinson v. McAbeeCalifornia Court of Appeal · 1923
9 more not listed; retrieve them via the Exa API.