Lauer

This is an election contest and involves the office of supervisor for the fourth supervisor district of Modoc county. The board of supervisors after canvassing the returns declared Estes elected, and he received the certificate of election. Afterward Lauer commenced this present contest; and the superior court rendered a judgment annulling the said certificate of election and declaring Lauer to have been duly elected to said office. From this judgment Estes appeals.

The court found that the appellant Estes received one hundred and thirty-one legal votes for said office of supervisor. By finding III the court found that the respondent Lauer received one hundred and thirty-two legal votes for said office; and in finding VII it is found that the said respondent Lauer received one hundred and thirty-three legal votes for the office. Appellant contends that these two findings as to the number of votes received by the respondent are fatal to the validity of the judgment, because they are inconsistent and uncertain. These find *653 ings might be embarrassing under certain circumstances, but we do not think that matter material in the case at bar, because, in our opinion, there were…