Gray

Gray v. O'Banion

Good Law
1913 Cal. App. LEXIS 245·23 Cal. App. 468·138 P. 977
Court of Appeal of CaliforniaDecember 12, 1913Civ. No. 1109.California2,496 words

Opinion

lead Opinion

Hart, J.

The plaintiff and the defendant were opposing candidates for the office of supervisor for the fourth supervisorial district, in Sutter County, at the general election held throughout the state on the fifth day of November, 1912. There are or were, at the time of said election, six voting precincts in the said fourth supervisorial district, named as follows: Slough, :Yocolumns, Rome, Knight, Barry, and Vernon. After said election, and at the time appointed by law, the board of supervisors of said county met and officially canvassed the votes cast in said fourth supervisorial district for the office of supervisor as said votes were returned to said board of supervisors by the respective boards of election of the six precincts in said district. Thereupon the said board of supervisors found that the plaintiff had received two hundred and twenty-four votes and the defendant two hundred and twenty-six votes for the office of supervisor for said district, and officially declared that the defendant had been elected to said office, and accordingly, caused to be issued to him a certificate of election thereto.

Within due time, the plaintiff instituted this contest, whereby he challenged…

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