Wilson

The petitioner is contestee in a contested election case for the office of superintendent of schools in El Dorado county. The case was tried in the superior court of said county and on June 12, 1905, judgment was entered in favor of the contestant, T. E. McCarty, and against the petitioner here. Notice of the judgment was duly given petitioner on June 17, 19.05, and on June 29, 1905, the county clerk issued to the said McCarty a certificate of election as superintendent of schools, and McCarty duly qualified on the last-mentioned date and demanded possession of the office. Thereafter, and on the same day (June 29th), petitioner filed his notice of appeal from said judgment and on July 1, 1905, filed an undertaking on appeal. Petitioner did not prepare and serve his bill of exceptions on said appeal within ten days after notice to him of the rendition and entry of said judgment. Neither did he apply for an extension of time, nor was any granted during the ten days. After the expiration of ten days, as aforesaid, the petitioner applied to said respondent, the Honorable N. D. Arnot, for further time in which to prepare, serve, and present his bill of exceptions in said appeal, and…