Easly v. Badenhausen
Mississippi Supreme Court
Appeal from the Circuit Court of Pike County. Hon. J. B. Chrisman, Judge. The appellant filed his petition in the Circuit Court against the appellee, who was returned as elected to the office of mayor of McComb City at an election of town officers held on Dec. 5, 1881, under the charter, alleging that he received a greater number of legal votes than the appellee, and asking for a jury to try the right to the office.
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Appeal from the Circuit Court of Pike County. Hon. J. B. Chrisman, Judge. The appellant filed his petition in the Circuit Court against the appellee, who was returned as elected to the office of mayor of McComb City at an election of town officers held on Dec. 5, 1881, under the charter, alleging that he received a greater number of legal votes than the appellee, and asking for a jury to try the right to the office. A demurrer upon the ground that this remedy was inapplicable was sustained. The remedy provided by Code 1880, § 150, for contesting elections, applies to the office of mayor of a…
1Opinion of the CourtCampbell, C. J.
Section 150 of the Code of 1880 does not embrace elections of officers of towns provided for by their charters. It has exclusive application to the elections provided for by the general law of which it is a part. The demurrer was properly sustained.
Judgment affirmed.
2Cited by1 opinion
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