State ex rel. Jacob v. Brown
Mississippi Supreme Court
From the circuit court of De Soto county. JIon. Samuel C.-Cook, Judge. The state, suing on the relation of Barbee, appellant, was plaintiff in the court below; Brown and others, appellees, were defendants there. The suit was for a mandamus, and from a judgment sustaining a demurrer to the petition and dismissing the suit the plaintiff appealed to the supreme court.
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From the circuit court of De Soto county. JIon. Samuel C.-Cook, Judge. The state, suing on the relation of Barbee, appellant, was plaintiff in the court below; Brown and others, appellees, were defendants there. The suit was for a mandamus, and from a judgment sustaining a demurrer to the petition and dismissing the suit the plaintiff appealed to the supreme court. The relator, Barbee, and one Lauderdale, were rival candidates in the Democratic primary election for the nomination for sheriff. The county Democratic executive committee canvassed the returns and declared Lauderdale the party…
1Opinion of the CourtMayes, J.
In the case of Ramey v. Woodward (recently decided by this court), Ante, 777, 44 South., 769, it was held that there was no provision in the law for the courts to entertain contests between rival candidates in primary elections for the purpose of determining which shall be declared the nominee of the party. *884Though the form of the proceeding instituted here is that of mandamus, its real purpose and effect, if sustained, is to procure the court to entertain a contest between rival candidates in a primary election for the office of sheriff, to determine which shall be declared the nominee of the…
2Cases cited2 opinions
- Ramey v. WoodwardMississippi Supreme Court · 1907
- State ex rel. Brewer v. AbbayMississippi Supreme Court · 1903
3Cited by6 opinions
- Barnes v. McLeodMississippi Supreme Court · 1932
- Kellum v. JohnsonMississippi Supreme Court · 1959
- Howard v. SheldonMississippi Supreme Court · 1928
- Johnston v. Board of ElectionsSupreme Court of North Carolina · 1916
- State ex rel. Boone v. MettsMississippi Supreme Court · 1921
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