Speegle v. Leese

Decided July 1, 1876

California Supreme Court · decided 1876-07-01

At the general election held in Monterey County on the first day of September, 1875, the -plaintiff and defendant were voted for for the office of recorder of the county. The Board of Supervisors canvassed the votes, and declared that the defendant had received 1016 votes, and the plaintiff 1015 votes.

Good law ✅— No negative treatment on recordhow we know

Decided 1876-07-01

How this case has been cited

Cited by 10 later decisions — most recently March 1962

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court, Crockett, J.:

¶1The controlling issue made by the pleadings was upon the question whether the plaintiff or defendant received a majority of the legal votes cast at the election. The court below wholly omitted to find upon this issue, and if the fact be that no evidence on this point was introduced, either by the plaintiff or defendant, this does not excuse the want of a finding. It is the duty of the trial court to find upon all the material issues made by the pleadings, whether evidence be introduced or not, and if there be no finding on a material issue, the judgment cannot be supported.

¶2Judgment reversed, and cause remanded for a new trial.

¶3Mr. Chief Justice Wallace did not express an opinion.