Town of Terry v. Smith

PIERCE, Justice,

for the Court:

¶ 1. Nominally an election contest, this is a civil-procedure case of substantive and procedural bars. The plaintiffs-appellants initially sought circuit-court review of the decision of a municipal election commission under the wrong statute. They were time-barred under the statute pleaded in the amended complaint. And they are now procedurally barred from advancing a new theory, not argued before the court below. Accordingly, we affirm.

STATEMENT OF THE FACTS

¶ 2. Cedric Abston, approved by a body calling themselves the “Town of Terry Mississippi Municipal…