Robinson

The contestant and the contestee were rival candidates for the office of justice of peace of Anderson township in Mendocino County, at the general election held throughout the state on November 7, 1922. On the face of the returns, as indicated by the canvass of the vote for said office by the board of supervisors of said county, McAbee,

■ the contestee, received a total of 165 votes and his opponent, Robinson, received 164 votes. Said board officially declared that McAbee received the highest number of votes cast for said office at said election and directed a certificate of election to be issued to him, and the same was so issued.

On November 21, 1922, Robinson instituted a proceeding contesting the election of McAbee and in his petition or verified statement of the grounds of contest alleged, among other matters, that certain illegal votes were cast at said election in Counts and Anderson precincts of Anderson township for said McAbee, and that “the greater number of legal votes and ballots were east at said general election for the contestant herein than for the contestee, and that at said election contestant received a plurality of the total of votes cast for the candidates…