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· 7/1/1873

Kirk v. Rhoads

Citations

  • 46 Cal. 398

Syllabus

<p>Election Law in Sacramento.—The general election laws of this State, with their successive modifications and changes, apply, so far as practicable, and so far as they are not inconsistent with the Act incorporating Sacramento, to the municipal elections in said city.</p> <p>Jurisdiction of County Court of Sacramento County.—The County Court of the County of Sacramento has jurisdiction to hear and determine a contest concerning the right to hold a municipal office in the City of Sacramento.</p> <p>Adoption of Other Statutes Into an Act.—The Legislature may, in an election law for a city, adopt and make a part of the same the general law of the State regulating elections, not only as it exists at the time, but as it may exist after changes or modifications of the same.</p> <p>Genebat, Election Laws of this State. — Section one thousand, one hundred and eleven and the following section of the Code of Civil Procedure, providing for the contest of elections, are a part of the general system for the regulation of elections in this State.</p> <p>Affidavit to Grounds of Contest of Election.—The affidavit to the written statement of the grounds of the contest of an election may be in the form of an ordinary verification to a pleading.</p> <p>Rejecting Ballots Cast bv an Elector.—A ballot east by an elector at an election should not be rejected simply because it differs from the regulations prescribed in the Code, in matters over which the elector has no control, such as the size of the ballot, the kind of paper on which it is printed, or the character of type, or leading used in printing.</p>

Judges: Niles

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