Sweeny

This is an election contest. The parties to this proceeding were rival candidates for the office of sheriff of Tuolumne County, at the last general election.

The board of supervisors, sitting as a canvassing board, declared the appellant elected to such office, and a certificate of election was duly issued to him.

Respondent, in due time, commenced a contest on the ground of malconduct on the part of the board of judges of election in counting the votes. Issue was joined, the cause tried, and the court found the charge of malconduct to be true, and that the respondent had received the highest number of legal votes cast for such office. A judgment was entered accordingly, annulling the certificate of election issued to appellant, and declaring the respondent elected to such office.

On this appeal no question is made by appellant as to the sufficiency ofi the evidence to sustain the findings.

His principal point is, that the lower court had no jurisdiction to hear or determine the contest, and should have granted his motion to dismiss it, and this point is based upon certain facts which the lower court found to be true, and which are not contradicted. These are that, after…