Carlson

J. This is a contest for the office of assessor of the county of San Diego. The case was decided against the contestant on demurrer to the complaint. The court held that it had no jurisdiction, because the complaint—or written statement, as it is termed—was not filed with the county clerk within forty days after the return day of the election, as required by section 1115 of the Code of Civil Procedure.

The complaint shows that the election was held on Tuesday, November 6,1894; “ that the respective boards of election of the several precincts of said county, on or before Monday succeeding the said Tuesday, made their returns to the board of supervisors of said county of San Diego, of the votes cast at the said general election, and that upon said Monday said board of supervisors met, and finding that all of the returns in the several precincts in which said election was held had been duly and properly received, they thereupon proceeded to canvass said returns.”

It is also averred that on the nineteenth day of November, 1894, the board caused to be entered in the record of said board a statement, which purported to show the various matters required by section 1282 of the Political…