Starry

Starry v. Lake

Good Law
135 Cal. App. 677·1933 Cal. App. LEXIS 458·28 P.2d 80
Court of Appeal of CaliforniaDecember 9, 1933Docket No. 4931.California2,445 words

Opinion

Lead Opinion

Parker, J.

This is an election contest. Inasmuch as no question is presented concerning the conduct of the election, as such, and no point is made on the manner of conducting the election in so far as the routine thereof is concerned, we may proceed directly to the one point involved.

At a city election held in Crescent City, certain people, residents of a territory described as Randall precinct, presented themselves at the polls and were denied the right to vote upon the ground that Randall precinct, so called, was not a portion of Crescent City; in other words, that Randall precinct was without the geographical and governmental limits of the city.

Without attempt to detail all of the issues presented at the trial, it is conceded by both sides on appeal that if the said Randall precinct be within the city limits of Crescent City then the judgment is to be affirmed; if our conclusion is to the contrary, the judgment of the court below is to be reversed.

We may note in advance that our consideration is confined to the record before us and it may well be that whatever our conclusion may be, from this record, the question would still remain open. By this we mean that we are not holding the…

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