McIVER v. BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT (1935)

District Court of Appeal, Fourth District, California.

F. H. McIVER, Petitioner, v. BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT, Evan T. Hewes, William E. Young, Albert J. Kalin, Mark Rose, and Ira Aten, Constituting the Directors of the Imperial Irrigation District, Evan T. Hewes, William E. Young, Albert J. Kalin, Mark Rose, and Ira Aten, Individually, Respondents.

Civ. 1723.

Decided: June 06, 1935

Hugh S. MacKinnon, of Calexico, for petitioner. Charles L. Childers, of Los Angeles, for respondent Mark Rose. D. B. Roberts, of El Centro, for respondent Ira Aten. Harry W. Horton and George R. Kirk, both of El Centro, for other respondents.

This is an application for a writ of mandate compelling the respondents, as the board of directors of the Imperial irrigation district, to meet and count all of the votes cast at an election held in said district on February 6, 1935.

The petitioner herein was a candidate for treasurer of said irrigation district at the election referred to. An opposing candidate for that office was declared elected and this proceeding followed. With the exception of the names of the candidates and the office in question, the material facts herein are identical with those in the case of Barry v. Board of Directors of the Imperial Irrigation District (Cal. App.) 46 P.(2d) 298, this day decided.

Upon the authority of that case, and for the reasons therein given, the petition for a writ of mandate is denied.

BARNARD, Presiding Justice.

We concur: MARKS, J.; JENNINGS, J.

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