Carlson v. Burt

Citations

• 111 Cal. 129
• 43 P. 583

Syllabus

<p>Election Contest —Limitation of Time for Filing Statement—Construction of Code—“Return Day.”—The “return day” of election described in section 1115 of the Code of Civil Procedure, within forty days after which an elector, desiring to contest the right of any person declared elected to an office, must file his statement with the county clerk, must be construed to be the first Monday after the election, upon which the hoard of supervisors is directed to meet to canvass the returns! and when the statement is not filed within forty days thereafter, the court has no jurisdiction, of the contest, though it be filed within forty days after the entry was made in the records of the board declaring the election of the officer whose election is contested.</p> <p>Id.—Statutory Right—Public Policy,—The right to contest an election is purely statutory, and must he determined by the terms of the statute! nor is it given merely to enable a candidate to vindicate his rights, but is given to any elector! and public policy requires that it should be inaugurated speedily, and before the commencement of the term of the person declared elected.</p>