McCarty

This cause is an election contest for the office of superintendent of schools for El Dorado county, arising at the election held November 4, 1902. At the first trial judgment went in favor of the contestee, who had been declared elected and to whom a certificate of election had been issued, but on appeal to the supreme court the judgment was, on February 23, 1905, reversed. (McCarthy v. Wilson, 146 Cal. 323 , [ 82 Pac. 243 ].) At the second trial judgment went for contestant on June 12, 1905, annulling contestee’s certificate of election and setting aside his election to said office. On June 17, 1905, contestant served and filed notice of entry of judgment, and contestee having failed to serve his draft of bill of exceptions within ten days, and having failed to apply to the court or to counsel for contestant for an extension of time, contestee on July 1, 1905, applied to the court for relief under section 473 of the Code of Civil Procedure. The court granted contestee’s motion on the following condition: “The respondent [contestee] shall within eight- days let the contestant into the possession of the office in controversy, and permit the contestant to fully enjoy the emoluments…