Broadbent

Plaintiff, as an elector of the city of Imperial, on April 15, 1910, filed with the county clerk of Imperial county a verified statement by which he sought to institute a proceeding to contest the election of defendant as marshal of said city. No citation was issued upon this statement or complaint, but on April 26, 1910, plaintiff filed a new verified statement setting forth grounds of contest, and upon May 17, 1910, a citation was issued thereon requiring respondent to appear in the superior court on the third day of June and make answer. At the time set for hearing respondent appeared and moved the court to dismiss the proceedings on the ground that at the time the first statement of contest was filed the board of trustees of the city of Imperial had not declared the result of the canvass of the votes for the office of city marshal. In support of this motion affidavits were filed showing that the result of the city election was formally declared by the canvassing board on the sixteenth day of April, 1910, or one day after the day when the first statement or complaint was filed. The superior court granted the motion and a judgment of dismissal was entered, from which an appeal…