Keller v. Chapman

Citations

• 34 Cal. 635

Syllabus

<p>Election Contest.—Proceedings instituted to contest the election of county officers, are special and summary in their character.</p> <p>Idem—Contestant’s Duty.—The contestant will not be permitted to take judgment by default, but must prove the allegations of his statement.</p> <p>Returns not to be Rejected por Irregularity not Resulting in Injury.— Election returns should not be rejected for any irregularity in the appointment of the officers of election, where it does not appear that any injurious results accrued therefrom, either by the reception of illegal votes or the rejection of legal votes, or that either of the candidates lost or gained votes thereby.</p> <p>Continuances in Election Contest Cases.—Where, in an election contest case, on trial in the County Court, a continuance was granted for seven days against the objections of respondent, and without affidavit showing cause: held, that it was unauthorized, and operated as a discontinuance of the proceeding.</p>