Hill

The undisputed facts are these: At the general election held on the eighth day of November, 1910, petitioner and one R. A. Merkeley were opposing candidates for the office of constable of Riverside township in the county of Sacramento; on the sixteenth day of November, the board of supervisors of said county, after having canvassed the returns, by resolution duly passed and entered on its minutes, declared said Merkeley elected to said office; on the fifth day of December following the petitioner filed in the office of the county clerk of said county a written statement of his contest of the right of said Merkeley to said office, the statement being verified and in proper form; on December 9th another contest was filed by one Michael F. Shelley involving a different office, and these two were the only statements of contest presented; on December 12th the county clerk notified the superior court that said statements had been filed; on December 15th the court ordered a special session to be held on December 28, 1910, for the hearing of said contests and directing citations to issue; on December 15th said citations were issued by the clerk, and on December 19th they were served by…