Cooper

Plaintiff commenced the action as contestant against the defendant, as contestee, for the office of county clerk of Del Norte county for the purpose of having a recount of the vote east for said office at the general election held on November 8, 1910.'

It does not appear when the complaint was filed, but, on December 27, 1910, defendant filed a general and special demurrer to the complaint and, on the same day, the minutes of the court show the following proceedings: “This being the time set for a special session of court to count the ballots in the case of West Duley vs. Thomas Peacock and Ashley Cooper vs. W. L. Nichols, and on motion of Howe these cases are consolidated for the purpose of counting. Quinn and McNulty appear for Peacock and Nichols. Quinn moves to set aside citations 980-981, and motion is denied. Quinn moves to dismiss action 980-981, and motion is denied. Quinn demurs to 980-981, and demurrer is overruled.” Then follows in the transcript the answer of defendant filed December 27, 1910. Following the answer the transcript reads:

Defendant appealed from that part of the judgment of dismissal reading, “and, it appearing to the court as just and fair, it is…