Bernardo

This was a proceeding instituted to contest the election of the defendant to the office of high school trustee at Half Moon Bay, Union High school district, held within said district on April 3, 1914. The action was commenced on April 21, 1914, and came on for trial on the eighth day of May, 1914. The plaintiff's ease was presented on that day; and at the conclusion of the evidence offered in his behalf, a motion for nonsuit was on the same day made by the defendant and granted by the court. On the twenty-eighth day of May, 1914, the court filed its findings and caused its judgment to be entered in defendant’s favor; and from the order granting said motion for nonsuit and from the judgment affirming the election of the defendant to the office in question, the plaintiff prosecutes this appeal.

The first point urged by the appellant is that the case having been submitted and the motion for nonsuit granted on May 8, 1914, it was the duty of the court under section 1118a of the Code of Civil Procedure to file its findings and enter its judgment within ten days after the submission of the case; and that the court, having failed to do so within said time, lost jurisdiction to render…