Skelton v. Barnett
| Citation | 227 S.W.2d 774,190 Tenn. 70,26 Beeler 70 |
| Parties | SKELTON v. BARNETT. 26 Beeler 70, 190 Tenn. 70, 227 S.W.2d 774 |
| Decision Date | 17 March 1950 |
| Court | Supreme Court of Tennessee |
C. L. Boyd, Waynesboro, for complainant.
Ross & Ross, Savannah, for defendant.
This suit had its origin in the county court of Wayne County in which A. H. Skelton filed his original petition against Albert Barnett purporting therein to contest the election of the defendant to the office of Justice of the Peace. The petition consisted of 21 typewritten pages and charged that the election for the office of Justice of the Peace of the First Civil District was fraudulent and void and should be so declared. Both complainant and the defendant were candidates, the latter receiving a substantial majority in the election. It would unduly prolong this opinion for us to give a detailed statement of all the frauds alleged to have been committed in said election. Following a recitation of illegal actions and practices by many persons not named, and the election officials, it charges that these violators of the law are immune from criminal prosecution 'because of their prominence and because of the general apathy on the part of Courts and juries to prosecute, indict, try, and convict', and that such practices exist in other counties of the State to the shame of the general public. The petition concludes with the following averment: 'Petitioner now states that this suit is not brought by him in his private right as a candidate, and to recover the office in question, because he was elected to such office, but it is brought by him as a citizen to redress a public wrong.'
The petition prays that the court declare the entire election for Justice of the Peace 'illegal and void' and for a decree 'adjudging that there is a vacancy in the office' and that this fact be certified to the Commissioners of Elections to the end that a new election by held 'without delay'. The county judge was disqualified from hearing the case and transferred it to the chancery court of Wayne County.
The defendant filed a demurrer to the petition upon numerous grounds. The first ground of the demurrer goes to the very heart of the question before us and reads as follows: 'Because the petition, in its statements and allegations, is wholly insufficient for petitioner to be granted any relief of any character'.
The third ground challenges the sufficiency of the petition as follows: 'The petition shows on its face, that the petitioner does not insist or contend that he was elected at said election, but that defendant cannot claim title to the office, although duly and regularly elected by a majority of the votes cast * * * that the election was void.' The chancellor sustained the demurrer upon the foregoing grounds and other grounds and dismissed the bill.
While the petitioner asks...
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