State Ex Rel. v. Shumate

This suit was brought on the relation of James B. Ez-zell, a resident of Davidson county, under our quo war-ranto statutes, Code, section 9336 et seq., to enjoin defendant, Shumate, from acting as a member of the House of Representatives of the Tennessee General Assembly and to have him ousted from that office. A demurrer was interposed by the defendant, which was overruled by the chancellor, and an appeal granted to this court. The chancellor, however, declined to issue the injunction.

The petition averred that Shumate was duly elected a member of the House of Representatives in the November,…