Vredenburgh

This appeal involves a contest over the result of an election for the office of trustee, held in the city of Chino April 8, 1912,' at which election the parties hereto were rival candidates for such. office. ' The election returns as certified by the board of election show contestee Reher to have received a plurality of the votes cast at such election. The canvassing board found the result as so returned and declared Reher elected to such office, and ordered a certificate of election issued to him, which certificate was issued and contestee thereupon qualified. This contest was commenced within due time and a recount had, at which time the trial court found in favor of contestant and ordered judgment in his favor, from which the contestee appeals.

The questions presented upon the appeal relate alone to the action of the court with reference to certain ballots presented upon the recount and which original ballots are before this court for examination. We are unable to see that the court erred in its action in relation to such ballots. Plaintiff’s exhibit 4 is a ballot on which the cross is not in the voting square, but a distance therefrom and within the rectangular space…