# Treanor v. Williams

> California Supreme Court · November 12, 1904 · 145 Cal. 315

URL: https://www.frixlaw.com/law-library/cases/3307874

## Case

- **Full name:** In the Matter of the Contested Election of THOMAS W. TREANOR, Contestee, Appellant, v. C. R. WILLIAMS, Contestant, Respondent
- **Court:** California Supreme Court
- **Decided:** November 12, 1904
- **Citations:** 145 Cal. 315; 78 P. 884; 1904 Cal. LEXIS 590
- **Precedential status:** Published
- **Opinion:** Dissent by Beatty
- **Judges:** Shaw, Beatty, McFarland
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3307874

## Opinion text

BEATTY, C. J., dissenting.
I dissent. The finding that Treanor received only 4,401 votes is in conflict with the fact clearly established by the pleadings that he received 4,862 votes. If the evidence established the fact as found, the pleadings might have been amended to conform to the proofs, but they were not amended, and must prevail. I cannot see any grounds for holding that the case was tried upon any theory as to the effect of the pleadings which precludes the contestee from raising this objection to the findings. No doubt it is technical, but the whole contest is based upon grounds equally technical.
Rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3307874. Public record. Not legal advice.