Foster v. Ponder

This is an application by the petitioner, Bill Foster, for a writ of prohibition to restrain the respondent from proceeding further in a case involving an asserted usurpation of the office of Democratic county committeeman in Stone county. We have con-eluded that the trial court is without jurisdiction and that the writ should therefore be granted.

T. L. Ballentine filed the action against Foster in the court below. Ballentine alleged that in the Democratic primary held in August, 1960, he was an unopposed candidate for the office of county committeeman and was duly elected. He was accepted…