62 Wash. 166 | Wash. | 1911
— At the last general election held on the 8th day of November, 1910, the relator, T. V. Davis, and one J. W. Hays were rival candidates for the office of sheriff in Franklin county of this state. A canvass of the vote showed 522 votes for the relator against 515 votes for his opponent, and a certificate of election was duly issued to the former by the county auditor on the 18th day of November, 1910. On the same day the relator qualified by taking the oath prescribed by law. Thereafter, and within the time limited by law, a statutory contest was instituted by Hays against the election of the relator, the particular grounds of which are not at this time material. On the hearing of the contest the court found that the plaintiff, Hays, received 581 votes and the relator, Davis, 514 votes, and gave judgment declaring, “that plaintiff, J. W. Hays, was elected to the office of sheriff of Franklin county, Washington, at the general election held November 8, 1910, and the said plaintiff is entitled to take and hold said office of county sheriff for said county for.the term of 2 years commencing on the 9th day of January, 1911, and the certificate of election issued by the county auditor of said county to the defendant should be and the same hereby is cancelled and decreed to be void, and of no force and effect, and the returns of said election should be and they hereby are corrected and made to conform to the actual and true count of the ballots actually voted and as tallied by the court in the findings filed herein.”
This judgment was entered of record on the 7th day of December, 1910, and on the 12th day of December following, the relator gave written notice of appeal therefrom to this court, and filed the common form of cost bond in the sum of $200. On the 9th day of January, 1911, the plaintiff in the contest proceeding qualified as sheriff and entered upon the discharge of- his duties as such. On the following day - he
The alternative writ is therefore quashed.
Dunbar, C. J., Chadwick, Morris, and Crow, JJ., concur.