Austin v. Dick

Citations

• 100 Cal. 199
• 34 P. 655
• 1893 Cal. LEXIS 769

Syllabus

<p>Election Contest—Defendant Not “ Declared Elected”—Jurisdiction.—An election contest is a statutory proceeding to obtain a re-canvass of the votes cast at an election as the result of which some person has been “ declared elected,” and where the court finds that no one was declared elected the court has no jurisdiction of the contest, and cannot declare the contestant elected.</p> <p>Id.—New Election—Remedy of Candidate.—Where an election has been declared to have resulted in the election of no one, a new election must be called; though perhaps a candidate may question the correctness of the canvass in some other proceeding than a contest of the election.</p> <p>Id.—Legality of New Election.—In an election contest the inquiry is limited to the examination of the right of the person “ declared elected ” at the election the canvass of which is questioned; and the legality of another special election called after the result of a canvass declaring that no one was elected is not a question which can be tried in a contest of the first election.</p>