209 P. 548 | Cal. | 1922
This is an application for a writ of prohibition to prevent the superior court of Mariposa County from proceeding with the trial of a contest of nomination as provided for in section 28 of the primary election law (Stats. 1917, p. 1363). [1] It is claimed that the affidavit is insufficient because it does not specify separately the precincts in which a recount is demanded nor sufficiently specify the "nature of the mistake, error, misconduct, or other cause why it is claimed that the returns from such precinct do not correctly state the vote as cast in such precinct, for the contestant and the contestee" (sec. 28,supra). While it may be conceded that an affidavit which utterly fails to state any ground of contest provided for in section 28 would not give the court jurisdiction, and therefore the trial of the contest should be prevented by a writ of prohibition as might be done in cases of contempt (Hutton v.Superior Court,
[3] It is alleged in the petition that the superior court intends to count ballots where the cross after the name is made with a lead pencil instead of with a rubber stamp. The case ofMiller v. Superior Court,
The application for the writ is denied.
Wilbur, J., acting C. J., Lawlor, J., Waste, J., and Richards, J., pro tem., concurred.
Rehearing denied.
Lawlor, J., Lennon, J., Waste, J., and Richards, J., protem., concurred. *665