Garrison V. Rourke

J. N. Garrison and John D. Rourke were opposing candidates for the office of Assessor of Trinity County in the November 1946 general election. The official canvass of the returns showed that Garrison received 1,026 votes and Rourke 1,028 votes, whereupon the latter was declared elected. Garrison, as contestant -- plaintiff, filed in the superior court a contest of the election and judgment was rendered in his favor. The defendant Rourke prosecutes this appeal.