Hagerty

This is an appeal, upon a hill of exceptions, from a judgment of dismissal.

Charles T. Conlan, the respondent herein, was on the twenty-second day of November, 1909, declared to have been elected judge of the police court of the city and county of San Francisco.

On the first day of December, 1909, the appellant, an elector of said city and county, instituted proceedings in the superior court, under the provisions of part III, title II of the Code of Civil Procedure, contesting the right of respondent to the office.

The court thereupon designated the third day of January, 1910, as the time for a special session of the court to hear and determine the contest. On the twenty-seventh day of December, 1909, the clerk of the court issued a citation, directed to respondent, commanding him to appear at the special session of the court on the day designated, and answer appellant’s statement of contest. This citation was delivered to the sheriff of the city and county of San Francisco, and it was returned as having been served upon respondent by leaving a copy thereof at his last known place of residence.

On January 3, 1910, the day previously designated by the court for the holding of a…