The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-01
SUPREME COURT DECISIONS.

4 SYLLABI.
(Sac., No. Department One-Filed
November "a 1921
Fred H. Day, respondent; s. o. Cum
ming. appellant. Election contest. Re-
versed.
The face of thirteen ballots disclosed
that the voter had marked more names
for certain office than there were
persons to be elected to that Office.
This act of the voter was held to be a
mark of Identification, and the ballots
were rejected. Held, that the ballots
We're improperly rejected.
Any and every mark upon a. ballot
which might possibly be used as an
Identification does not necessarily de-
nand that the ballot be rejected. Sec
tons 1211 and 1915 of the Political
Code are not in conflict The first NAM
ed is essentially limitation upon the
second and must be held controlling.
1t means that where voter marks
more names for an Office than there are
persons to be elected to that office the
ballot must be rejected only as to that
particular office.
(Sac., No. 4S3-Department Two-Filed
November "A, 1899
Charles Simon and John Busch, ap-
pellants; Justices Court of the city OF
Stockton and c. P. Rendon, Justice
thereof, respondent Reversed.
A Justices Court cannot disturb or
in any way interfere with its judgments
except in the manner provided by
statute. See Weimmer VS.. Sutherland,
"A CAL, BAL; Jones VS.. Justice Court,
81 Cal, 523.
q. A.. No. 5S4-In Bank-Filed No
vember 20, 1899
Charles W. Richardson, respondent;
]. w. F. Diss, Clerk of the Superior
Court. appellant. Question of rate OF
interest borne by an allowed claim
based upon a promissory note, against
the solvent estate of a deceased per-
son. Affirmed.
Hello, that the agreement as to in
terest contained in the contract upon
which the claim is based is the meas
ure OF the rate of interest as we'll after
the claim is allowed as before.
The proper construction of section
1884, c. c. p, is that the Legislature
intended to provide for rate of inter-
est only as to claims against insolvent
estates
Is. E., No. 2OS5-In Bank-Filed No
venSsr "A, 1899
William Birch, appellant; James D.
Phelan ct al, respondents Mandamus
to compel Board of Supervisors to allow
claims for Jurors fees in criminal cases
Affirmed
The right of compensation for services
as juror is purely statutory, and It is
for the Legislature to determine in
what cases such compensation shall be
made, as we'll as the amount and mode
of payment; or it may withhold any
compensation therefor. Hilton VS.
Curry, 124 Cal, a.
Held, that there is nothing in the
statutes relating to San Francisco to
authorize the payment out Of the pub
lie treasury of jurors fees in criminal
cases.
Is. F., No. 1793-Department One
Filed November "A, 1899
c. Barthe, respondent; Josephine
Rogers, administrative, etc., appellant
Action to establish claim against es-
tate. Reversed
The provision in Section 1900, C. c. P.
that the holder of a claim against the
estate of a deceased person cannot
maintain an action thereon unless the
claim Is first presented to the executor
or administrator, is equivalent to a dec
laration that he cannot maintain an
action upon any claim that he has not
first presented for allowance; and that
IN any claim to establish the validity
OF claim which has been presented
and rejected he can recover only upon
the claim which has been so presented
and rejected, and is not entitled in that
action to recover against the estate for
any other cause of action.