Thomas v. Van Zandt

Citations

• 56 Wash. 595
• 106 P. 141
• 1910 Wash. LEXIS 855

Syllabus

<p>Elections — Contest t— Notice — Jubisdiction — Statutes. Bal. Code, § 1433, requiring the issuance of a citation to defendant in an election contest to appear on a day fixed by the court, is not mandatory in the sense of requiring an order on the day the contest is filed or within any specified time thereafter, and a futile attempt to fix a day for the hearing, without the issuance of jurisdictional process, does not affect the jurisdiction of the court to fix another day and cause a citation to issue thereon.</p> <p>Same — Time fob Giving Notice — Jubisdiction. The statute not requiring the court to give a notice and fix a date for hearing an election contest on the day the contest is filed, a delay from November 23 to December 9th in so doing does not deprive the court of jurisdiction.</p> <p>Same — Date of Heabing — Time. Bal. Code, § 1433, requiring the court to fix a date for hearing an election contest, and to give a notice thereof of not less than ten nor more than twenty days from the date of the notice, does not require the fixing of a date within twenty days from the date of filing of the contest.</p> <p>Same — Pboceedings—Notice—Heabing—Time foe. Under Bal. Code, § 1430 requiring an election contest to be filed within ten days after canvass of the votes, and § 1433, requiring the judge to fix a date for hearing and to give a notice thereof not less than ten nor more than twenty days from the date of the notice, the proceedings are timely and regular where the canvass was made November 23, the contest filed November 25, and the order made’ December 9th fixing December 22 as the date of hearing.</p> <p>Same — Notice of Contest — By Whom Given — Citation. Under Bal. Code, § 1433, providing that the judge may give notice and order a session of the court on a day fixed for the hearing of an election contest, and § 1434, providing thát the clerk shall also at the time issue a citation to the defendant to appear at the time and place specified in said notice,