In Re Cryer

Section 328 of the charter of the city of Los Angeles, relating to primary nominating elections, provides as follows: “In the event that any candidate for nomination to any office for which only one person is to be elected shall receive a majority of the votes cast for all the candidates for nomination to such office at such primary nominating election, the candidate so receiving such majority of votes shall be deemed to be and declared by the council to be elected to such office; ...” On the fifth day of May, 1925, at the regular primary nominating election, George E. Cryer was one of six candidates for nomination for the office of mayor. Thereafter in due course the city council canvassed the returns of said election and declared that George E. Cryer was elected at said election as such mayor of the city. Thereafter the contestant, Edna Allen, an elector of the city, filed in the superior court a written statement of contest of said purported election. The court having thereafter sustained a demurrer to the statement of contest, and having at the same time granted a motion to dismiss said statement, judgment of dismissal of the proceeding was entered. The contestant appeals from…