Sartin v. Barlow Ex Rel. Smith

Dissenting Opinion.

Smith, O'. J.,

delivered a dissenting opinion.

The appellant had the right to appeal from the judgment below under Section 13 of the Code of 1930, and whether the judg’e of that court erred in permitting the appeal to operate as a supersedeas under Section 35 of of the Code, is before us, no motion-having been made by the appellee to dissolve the supersedeas.

This mandamus was sought by the appellee Smith as an aid to his primary election contest which was then pending and in which the court below denied him any relief. On appeal to this court that judgment was reversed, the…