Bass

This case has been here on appeal once before the present appeal, and is reported in Bass v. Leavitt, 11 Cal. App. 582 , [ 105 Pac. 771 ]. At the first trial the court below determined the vote to be a tie. On appeal certain ballots were examined and passed upon by this court, the result of which was to show that contestee Leavitt had a majority so far as the record then disclosed. The judgment was reversed and the cause remanded, for the reason that only certain ballots were brought up for review, leaving the remaining ballots subject to future determination should a retrial take place. At the second trial Leavitt had judgment that he had received a majority of all the legal votes and was duly elected.

The appeal now here involves the legality of ballots numbered 63, 151, 165, 150, 113, 92, 123, 137, 172, all of which were counted for Leavitt and giving him, as found by the court, a majority of three votes. We shall confine ourselves to the single inquiry, Were the ballots drawn in question correctly adjudged to be legal ?

Following the order in which appellant attacks them, the first is 172. The objection is that no cross appears after the name, Leavitt. There is an impression…