Prewett

This proceeding, in the nature of quo warranto, is brought for the purpose of ousting the defendants as trustees of Green school district in the county of Madera, and of admitting to said office Charles A. Lee, Nelson Luke, and George Hudson. The plaintiff had judgment of ouster against the defendants, and that Lee, Luke, and Hudson be admitted to said office, and from this judgment and an order denying a new trial the defendants appeal.

For more than three years prior to June 5, 1896, there had been no election of school trustees held in said district, and during all that time the county superintendent of schools had, from year to year, appointed trustees for said district. On the first Friday in June, 1896, an election was held in said district at which said Lee, Luke, and Hudson were declared elected, and within ten days thereafter they each qualified as trustees of said district.

On July 9, 1896, the county superintendent, acting upon the supposition that said election was illegal and void, appointed the defendants trustees of said school district, and hence this proceeding. The merits of the case, therefore, turn upon the validity or invalidity of said election, though…