City of Hanford v. Williams

The petition of plaintiff for a peremptory writ of mandate, commanding defendant as city clerk to countersign eighty municipal bonds therein described, was granted. Defendant appeals from the judgment and an order denying his motion for a new trial.

The court found that, for certain reasons stated, a number of the ballots east, both for and against the issuance of the bonds, were not entitled to be counted; that of the number of ballots voted at the special election held for submitting to the electors of the city of Hanford the question of the issuance of the bonds, 813 thereof were legal and valid, and of the legal ballots so cast whereby the voters gave expression to their choice as to whether or nol the bonds should be issued, 543 thereof were in favor of the issuance of the bonds and 267 were opposed to the proposed issuance thereof. Of the twelve ballots excluded from the count by the court, appellant attacks the ruling of the court only as to seven thereof, thus conceding the ruling in excluding the other five ballots to be correct. Of these seven ballots which he insists should have been counted, four were voted in opposition to the issuance of the bonds, and three were in…