Owen v. Butler

Bell, Justice.

The court did not err in sustaining the motion of the defendant, to dismiss the petition for mandamus. It appeared from the petition that the defendant did consider the plaintiff’s contest, heard some evidence thereon, and entered a final order determining it in favor o-f the contestee. Under the law, any contest which arises over a municipal election shall be heard by the ordinary (Code, § 34-3001), who shall follow the procedure prescribed for contests where commissions are issued by the Governor. Contests of the latter class are to be determined by the judge of the superior…