State ex rel. Brewer v. Abbay
Mississippi Supreme Court
Erom tbe circuit court of Tunica county. Hon. Samuel O. Cook, Judge. Tbe state, on tbe relation of Earl Brewer, district attorney, wa!s tbe plaintiff in tbe court below. Richard E. Abbay, chairman, and other members of tbe Democratic Executive Committee of Tunica county, were defendants there.
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Erom tbe circuit court of Tunica county. Hon. Samuel O. Cook, Judge. Tbe state, on tbe relation of Earl Brewer, district attorney, wa!s tbe plaintiff in tbe court below. Richard E. Abbay, chairman, and other members of tbe Democratic Executive Committee of Tunica county, were defendants there. The suit was a proceeding for a mandamus to compel Chairman Abbay and the other members of the committee, appellees, to reassemble and recount the votes which had been cast at a primary election in Tunica county for candidates for the democratic nomination to the office of county treasurer of said…
1Opinion of the Court
Whitfield, C, J.,
delivered the opinion of the court.
Whilst it is true that the petition avers that the' executive committee made no canvass of the returns, other averments of the petition show that the executive committee, besides ratifying what the election officers did, tabulated and added up the votes cast for Tucker and Robertson, respectively, and declared Tucker the nominee. The very gist of the complaint is that the executive committee did not declare the votes cast for Tucker legal or illegal, and did not refuse to count them. But we think it clear that the act of declaring Tucker the…
2Cited by9 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
- Barnes v. McLeodMississippi Supreme Court · 1932
- Brumfield v. BrockMississippi Supreme Court · 1932
- Kellum v. JohnsonMississippi Supreme Court · 1959
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