Tullos v. Lane
Supreme Court of Louisiana
APPEAL from the Fourth District Court, Parish of Jackson.. J. Suffrage is not a natural, but a political right, and the registration — according to law — is in this State a mandatory prerequisite to its exercise; and in a contest, where defendant impeaches by his pleadings and evidence the election returns, and the evidence fails to' show with legal certainty his election, he must be ousted from the office — whether the plaintiff succeeds in proving his own right to the…
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APPEAL from the Fourth District Court, Parish of Jackson.. J. Suffrage is not a natural, but a political right, and the registration — according to law — is in this State a mandatory prerequisite to its exercise; and in a contest, where defendant impeaches by his pleadings and evidence the election returns, and the evidence fails to' show with legal certainty his election, he must be ousted from the office — whether the plaintiff succeeds in proving his own right to the office or not, and in such case the burden of proof is on defendant. Mc-Crary, p. 210; Am. and Eng. Ene., p. 433, No. 24,…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
The plaintiff and defendant were two of seven candidates for the office of sheriff of che parish of Jackson. The *335defendant was returned elected over plaintiff by a plurality of three votes, and has been commissioned and qualified as sheriff.
The plaintiff in this action contests the election, and prays that he, and not defendant, be decreed to have been elected sheriff. The grounds set up are, that persons who were not residents and electors of the parish, and were not actual residents of the ward in which they offered to vote, for thirty…
2Cited by9 opinions
- Harrison v. Commission Council of BogalusaLouisiana Court of Appeal · 1964
- State v. TomsaSupreme Court of Louisiana · 1910
- Williford v. GradyLouisiana Court of Appeal · 1996
- Gaiennie v. DruilhetSupreme Court of Louisiana · 1918
- State ex rel. Fleming v. JoyceSupreme Court of Louisiana · 1909
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