Waite

Election contest. David Waite, contestant, was a duly elected and qualified member of the board of trustees of the city of El Paso de Robles, when a proceeding was instituted for his recall and removal as such member of said board. At said election the contestee, Edward Brendlin, was the only candidate for election to said office in the event of a vacancy therein occurring by reason of a majority of the votes cast by the electors favoring the recall of Waite. The result of the election, as declared by the board of canvassers, was that upon the question, “Shall David Waite be recalled from the office of member of the board of trustees?” 345 votes were east “yes” thereon, and 344 votes cast “no” thereon, and that Edward Brendlin received as a candidate for said office to succeed David Waite 304 votes; whereupon it was declared that Waite had been recalled and Brendlin elected to fill the office for the unexpired term. Thereupon Waite instituted this contest, and the proceedings had thereon were-in accordance with the provisions of title II, part II, of the Code of Civil Procedure relating to the contesting of certain elections.

Section 1111 of said title provides: “Any elector ...…