Chatham

The parties to this suit were rival candidates for the office of sheriff of San Mateo County at the election held in November, 1902. The returns from all the election precincts in the county being made, the board of supervisors canvassed them, and thereupon made an order that plaintiff had received 1,378 votes, and that defendant had received 1,441 votes, and that defendant was the duly elected sheriff.

Plaintiff filed a written statement for the contest of said election, which came on for hearing at a special session of the court commencing in December, 1902. The case was finally submitted in March, 1903, and in April following the court filed its findings, to the effect that plaintiff had received 1,219 legal votes, and the defendant had received 1,218 legal votes, and judgment was accordingly entered declaring plaintiff the duly elected sheriff of the county. Prom this judgment the defendant has appealed on the judgment-roll and a bill of exceptions.

The contest was brought and the proceedings had under title 2 (secs. 1111-1127, inclusive) of the Code of Civil Procedure. It is declared in section 1111 that “Any elector of a county, city and county, city, or of any political…