Lay

This is a contest under section 1111 of the Code of Civil Procedure, involving the right of the parties thereto to the office of supervisor in district No. 1 in Santa Cruz county. The contest involved simply a question as to which of the parties had received the highest number of legal votes for that office at the general election in November, 1892, and the trial, as is usual in such instances, consisted substantially in a recount of the ballots from the precincts comprised within the supervisor district. The court found that the respondent had received three hundred and seventeen votes, and the appellant but three hundred and sixteen, and by its judgment declared respondent elected. Defendant appeals from the judgment upon a bill of exceptions, in which the only questions presented are as *662 to tbe correctness of rulings made by tbe lower court in counting certain ballots for respondent which were objected to, and rejecting other ballots which appellant claims he was entitled to have counted for him.

The record is not such as enables us to review any of the alleged errors satisfactorily, while most of them are not open to review at all by reason of appellant’s failure to…