Gower v. Johnson
| Decision Date | 28 March 1927 |
| Docket Number | 305 |
| Parties | GOWER v. JOHNSON |
| Court | Arkansas Supreme Court |
Appeal from Stone Circuit Court; Dene H. Coleman, Judge; affirmed.
STATEMENT OF FACTS.
This is a statutory proceeding by John B. Gower against Sam Johnson to contest the right of the latter to be declared the nominee for sheriff of Stone County under the primary election held by the Democratic party on the 10th day of August, 1926. The complaint is somewhat lengthy, and, for that reason, is not set out in full. It is alleged that Gower received -- votes in said election for the office of sheriff in Stone County and that Johnson received -- votes in said election. It is further alleged that Johnson is not the legal nominee for sheriff and did not receive a majority of the legal votes cast in the election for said office, and that plaintiff is the legal nominee and should be given the certificate of nomination.
The ground of contest is that the names of the voters who voted for Johnson do not appear upon the certified list of poll-tax payers required by the statute and because those voting for Johnson did not show a legal right to vote as required by statute. The circuit court sustained a demurrer to the complaint. The complaint was filed August 23, 1926, and, on the 3rd day of September, 1926, the plaintiff asked leave to amend his complaint by stating the number of voters who voted for him and the number who voted for the defendant, and otherwise specifying grounds of contest which were not stated in his original complaint. The defendant also filed a motion to dismiss the complaint because it did not state all of the candidates for sheriff at said primary election, and that the plaintiff received more votes than any other candidate for said office.
The court found the issues in favor of the defendant, and the complaint of the plaintiff was ordered dismissed. Judgment was entered in conformity with the holding of the court, and the plaintiff has duly prosecuted an appeal to this court.
Judgment affirmed.
J. Paul Ward, for appellant.
Jeffrey & Bengel, for appellee.
HART, C. J., (after stating the facts).
The judgment of the circuit court was correct. Under our previous decisions construing our primary election statute, the right to contest a primary election is a statutory proceeding, the purpose of which is to furnish a summary remedy and to secure a speedy trial. The provision requiring the contest to be filed within ten days has been held to be mandatory and jurisdictional. If the contest is not filed within ten...
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