Kincaid

This is an appeal from a judgment in an election contest which cancelled a certificate of election issued to the appellant by the Board of Supervisors of San Benito County and adjudged that neither the appellant nor the respondent had been elected at the primary election.

At the primary election in June 1958 there were only two candidates for the office of member of the Board of Supervisors of San Benito County from the Fourth Supervisorial District; they were appellant Berg and the respondent Kincaid. After a canvass of the votes, the hoard of supervisors concluded that Berg had been elected at the primary. Thereafter respondent initiated this action to contest appellant Berg’s election and requested a recount of all votes east and that he, the respondent, be adjudged to have been elected to said office. All grounds of contest except the ground that illegal votes were cast were abandoned by respondent or stricken by the court. Upon the trial of this action, the trial court found that two votes cast for appellant and one vote cast for respondent were illegal *595 votes, reducing the number of votes cast for appellant to 203, and reducing the number of votes cast for respondent to…