Stewart v. Ne Smith

Appellant here appeals from a final judgment dismissing his petition for mandamus directed to appellee as chairman of the Blount County Democratic Executive Committee. The court had sustained a demurrer to his petition, which he declined to amend, thus causing the dismissal. That is one method of reviewing a ruling of the court sustaining a demurrer to a petition or complaint. The ruling is assigned as error and both it and the final judgment are in sufficient form to support the appeal and a basis for the assignment of error.

The question involved presents the constitutionality of two local…