Stewart

is a proceeding by which the plaintiff contested the election of the defendant to the office of public administrator of the county of Napa, on the ground that a number of votes cast and counted for defendant, more than equal to the majority by which he had been declared elected, were illegal, solely because the persons who cast them were not residents of the precincts in which they voted.

The court found that defendant had received sixteen hundred and seven-one legal votes, and that the contestant had received only sixteen hundred and fifty-six votes; and thereupon adjudged that the defendant had been duly elected.

The contestant, within sixty days after the entry of the judgment, appealed therefrom on the judgment-roll, including a bill of exceptions as to matters of law and fact.

The bill of exceptions shows that a number of the inmates of the Veterans’ Home, and inmates of the County Infirmary and certain students of the Napa College voted at the election in the precincts of said county in which those institutions are respectively situated; and appellant contends that such inmates and students had not been residents of the county and of the precincts in which they…