Stewart v. Burks

CLAY, Commissioner.

This action was brought by three qualified electors of a school district division against the Hart County Clerk to enjoin the latter from placing a nominee’s name on the official school ballot for the election to be held November 3, 1964. The relief requested was granted by the circuit court and the judgment was affirmed by order of this Court dated October 15, 1964. We document the reasons for our decision.

We are first confronted with a procedural problem. The circuit court dismissed the proceeding initiated by the electors but permitted the intervention of an opposing…