Berry v. Berry

One J. L. Pliillips was a regularly elected, qualified, and acting justice of the peace of Simpson county, for the four-year term ending on the first Monday of January, 1932. At the regular election in November, 1931, he was not a candidate to succeed himself, and one M. E. Daniels, who was a candidate at that election, received the highest number of votes, and was declared to be elected. Although qualified by law to hold the office, the said M. E. Daniels failed and refused to qualify, and the said J. L. Phillips continued to discharge the duties of the office after the first Monday of…