Dorsey v. Barry.

Citations

• 24 Cal. 449

Syllabus

<p>Elections—Contesting.—The statutory proceeding contesting an election is a special case, provided for by section nine of Article VI of the Constitution; wholly distinct in form and substantially different from the common law remedy.</p> <p>Judgment in Contested Election.—Upon the entry of a judgment in a contested election case under the statute, the power of the Court over the cause ceases, and it cannot grant a new trial or re-examine the issues of law or fact.</p> <p>Same—Appeal prom.—An appeal lies from such judgment to the Supreme Court, which may, upon a reversal of the judgment, if it be found necessary or proper, order a new trial in the Court below.</p>