Duley

Duley v. Peacock

Good Law
17 Cal. App. 418·1911 Cal. App. LEXIS 58·119 P. 1086
Court of Appeal of CaliforniaNovember 8, 1911Civ. No. 859.California2,476 words

Opinion

Lead Opinion

Hart, J.

The contestant and contestee were rival candidates for the office of supervisor for the fourth supervisor district of Del Norte county at the general election held on November 8, 1910.

The official canvass of the ballots cast in the several precincts of said supervisor district disclosed the election of the contestee to said office, and his election thereto was thereupon officially declared by the board of supervisors of said county, sitting as a board of canvassers.

On December 17, 1910, the contestant filed his complaint, contesting the election of the contestee.

At the same election one Ashley Cooper and one W. L. Nichols were opposing candidates for the office of county clerk of Del Norte county, and the latter, upon the official canvassing of the ballots by the board of supervisors of said county, was officially declared to have been elected to said office. Later and in due time Cooper filed a contest against' Nichols for the said office of clerk.

The court, having been duly notified by the clerk of the filing of the contests in the two cases mentioned, ordered a special session of the court to be held on the twenty-seventh day of December, 1910, for the opening and…

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