Atkinson

This is an election contest brought under sections 1111-1127 of the Code of Civil Procedure, and presents the right to the office of marshal of the city of Pomona. Judgment was in favor of defendant, Lorbeer, who had been declared elected by the board of trustees. Plaintiff, Atkinson, appeals from the judgment upon the judgment-roll which includes findings. There is no statement or bill of exceptions. The question presented is whether or not the entire vote of the second ward of said city at the election involved here should be rejected. At that ward respondent received a majority of fifty-one votes; and if the entire vote at that ward be rejected the appellant would have a majority in the city. The court below refused to reject the vote of said ward.

It is contended by appellant that the entire vote of the second ward should be rejected on acco unt of “ malconduct on the part of the board of judges ” of the election, under subdivision 1 of section 1111; and the main facts relied on to support this contention are, briefly, these: Immediately upon the closing of the polls the board of election removed all the bystanders except two from the room which constituted the polling place,…