Howe

A demurrer was sustained to plaintiff’s complaint and judgment was entered dismissing the action. This appeal is from the judgment and for the purpose of reviewing the court’s order sustaining the demurrer. The complaint herein which is entitled “Petition—Statement— Complaint” contains in substance the following allegation:

The complaint then alleges various grounds for his demand for a recount of the votes cast on the recall proposition and particularly various acts of malconduct on the part of election officials by means of which it is alleged that it was made to appear that a greater number of electors voting on the proposition of the recall had voted against the recall, whereas in truth the greater number of electors had voted in favor of the recall; that a recount of all legal votes east at the special election is necessary for the proper determination of the question of the recall and for the proper determination of the person legally entitled to fill the office of supervisor of said second supervisor district. The prayer of the complaint asks that it be decreed that the incumbent supervisor is not entitled to the office and that he be ousted therefrom and that on a recount…