Legal Opinion · Dissent

Heiskell v. Lowe

Tennessee Supreme Court

Decided September 15, 1912Published

PROM KNOX. Appeal from the Circuit Court of Knox County to the Court of Civil Appeals and by that Court transferred to the Supreme Court. — Yon A. Hueeaker, Special Circuit Judge.

1Dissent

Dissenting Opinion delivered by

Mu. Chief Justice Shields (with whom Me. Justice Neil concurred.)

I do not agree with the conclusion of the majority in this case, as expressed in the opinion prepared and delivered by Mr. Justice Buchanan, and dissent therefrom.

It is not controverted that this case presents an election contest, of which the circuit court of Knox county had. jurisdiction, and which the petitioner, J. L. Lowe, as a citizen, voter, and taxpayer of the municipality of Knoxville, had the right to bring and maintain, provided his contention was supported by the facts, which are not…

2Cases cited8 opinions

  1. People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
  2. Maloney v. CollierTennessee Supreme Court · 1903
  3. Wise v. MorganTennessee Supreme Court · 1898
  4. Healy v. StateCourt of Appeals of Maryland · 1911
  5. Adcock v. HoukTennessee Supreme Court · 1909

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