McCarthy

This is an appeal from a judgment given in an election contest. The office in question is that of superintendent of schools of El Dorado County, and the appellant and respondent were the candidates for said office at the general election held on November 4, 1902. Upon the canvass by the hoard of supervisors respondent was declared elected, and this contest was thereupon instituted by appellant. The ground of the contest was malconduet on the part of the election officers in the matter of counting the votes, appellant claiming that he had received the highest number of legal votes, and that such fact would be ascertained by a recount. At the trial all of the ballots east at the election were recanvassed by the court, with the result that the court found that appellant had received 1,050 votes .and respondent 1,115 votes. Judgment was thereupon, on March 20, 1903, entered, confirming the election of respondent.

1. The appeal herein was not taken until September 18, 1903, and it is urged by respondent that as the appeal was not taken within sixty days after the rendition of judgment the rulings of the trial court upon the various ballots to which objections were made during the…