Coglan v. Beard

Citations

• 65 Cal. 58
• 2 P. 737
• 1884 Cal. LEXIS 441

Syllabus

<p>Office—Contested Election—Evidence—Bubden of Pboof. — In an action to contest the right of a party to an office to which he has been declared elected, the returns of the election boards should be received as prima facie true. In order to overcome this evidence by a recount of the ballots cast at the election, the contestant must affirmatively prove that the ballots have not been tampered with, and that they remained in the same condition as they were when delivered to the proper custody by the judges of election. If it appear to the satisfaction of the court that the ballots have not been tampered with, it should adopt the result as shown by the recount, and not as returned by the election board.</p> <p>Findings—Ultimate Facts.—Findings should be of the ultimate facts put in issue by the pleadings, and should not be argumentative.</p>