Falltrick v. Sullivan

Citations

• 119 Cal. 613
• 51 P. 947
• 1898 Cal. LEXIS 684

Syllabus

<p>Election Contest—Power of Adjournment of Special Session—Prior Engagement of Court—Jurisdiction.—Section 1120of the Code of Civil Procedure is not to be construed as limiting the power of adjournment by the court of a special session ordered for the trial of an election contest, merely from day to day or upon good cause shown by either party, not exceeding twenty days; but the court has power of its own motion to adjourn the session for several days, on account of a prior engagement of the court rendering such adjournment necessary, and the court does not lose jurisdiction to try the contest on account of such adjournment.</p> <p>Id.—Illegal Votes—Insufficient Registration.—Votes cast at an election for school trustees of persons whose names had not been enrolled upon the great register of the county fifteen days prior to the election are illegal, and must be rejected in determining an election contest.</p> <p>Id.—Oath as to Qualification—Construction of Code.—The fact that section 1600 of the Political Code, which provides for the reception of a vote upon the voter taking the oath prescribed by that section, was not amended so as to conform to the amendment of 1893 to section 1083, requiring registration of the voter fifteen days prior to an election, does not determine the legality of the vote cast by the one who has taken the oath.</p> <p>Id.—Cancellation of Great Register—Jurisdiction of Supervisors.—The great register of a county must remain for all purposes required by law before the completion of a new register; and the board of supervisors have no authority to declare the old register canceled before the registration of the new register is complete.</p>