Legal Opinion

Bennett v. Stutts

Tennessee Supreme Court

Decided March 10, 1975PublishedCited by 57 opinions

1Opinion of the Court

OPINION

HENRY, Justice.

This suit seeking to vindicate a patent public wrong must fail for plaintiff’s lack of standing to sue.

Eighteen citizens, residents and taxpayers of Dyer County, Tennessee, filed their complaint in the Law and Equity Court at Dyersburg seeking to invalidate the election of the defendant, Casey J. Vinson, as County Superintendent of Public Instruction. Among others the Chairman of the Dyer County Quarterly Court and the members thereof are named as parties defendant.

The complaint, as amended, alleges that the election of the County Superintendent was conducted by secret…

2Cases cited10 opinions

  1. State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
  2. White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
  3. Patton v. ChattanoogaTennessee Supreme Court · 1901
  4. Skelton v. BarnettTennessee Supreme Court · 1950
  5. Badgett v. BroomeTennessee Supreme Court · 1966

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3Cited by57 opinions

  1. Ezell v. CockrellTennessee Supreme Court · 1995
  2. Mayhew v. WilderCourt of Appeals of Tennessee · 2001
  3. Owen of Georgia, Inc., Cross-Appellant v. Shelby County Roy Nixon, Mayor of Shelby County Pidgeon-Thomas Iron Company, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1981
  4. Jordan v. Knox CountyTennessee Supreme Court · 2007
  5. Bob Fannon, Individually and as a City Councilman for the City of LaFollette v. City of LaFollotteTennessee Supreme Court · 2010

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