Todd v. Smith, 49262

CourtUnited States State Supreme Court of Mississippi
Citation331 So.2d 920
Docket NumberNo. 49262,49262
PartiesW. G. (Bill) TODD, Jr. v. Norman T. SMITH.
Decision Date04 May 1976

Page 920

331 So.2d 920
W. G. (Bill) TODD, Jr.
Norman T. SMITH.
No. 49262.
Supreme Court of Mississippi.
May 4, 1976.

Walker, Franks, Rone, Bridgforth & Woods, Ltd., Mills E. Barbee, Hernando, for appellant.

James E. Cahill, Jr., Senatobia, for appellee.


BROOM, Justice, for the Court:

By an injunction, the name of appellee, Smith (the loser in a democratic primary election), was by the Chancery Court of Tate County ordered placed on the general election ballot for the office of Justice

Page 921

of the Peace 1 of District 3 of Tate County. The injunction effectively eliminated from the general election the winner (appellant, Todd) of the August Democratic Primary. Todd appeals, and we reverse.

The dispositive issue is: Was Smith's proper remedy by petition to the County Democratic Executive Committee under Mississippi Code 1942 Annotated § 3143 (1956), or by bill for injunction in the chancery court?

Todd was a qualified and serving member of the Tate County Election Commission when he decided in the early part of 1975 to run for the office of justice of the peace (District 3). He orally told the election commissioners at their March 1975 meeting that he was resigning to seek the office of justice of the peace. Both he and Smith (the incumbent) filed their affidavits of candidacy and their names were placed on the primary election ballot of August 5, 1975. Smith did not challenge Todd's qualifications or nomination until some thirty-eight days after the democratic primary election in which Todd received 830 votes to Smith's 535. Subsequently Todd was notified by the Tate County Board of Supervisors that he would have to submit a written resignation from the election commission, and on September 2, 1975, he filed his written resignation.

On September 12, 1975, Smith filed a PETITION TO HAVE NAME PLACED ON GENERAL ELECTION BALLOT with the County Election Commissioners of Tate County, Mississippi, alleging that Todd was not eligible to be a candidate for justice of the peace in the August primary because he continued at that time to hold the office of County Election Commissioner. After a hearing, the County Election Commission dismissed Smith's petition, and no appeal was taken. He then filed a BILL FOR INJUNCTION in the Tate County Chancery Court praying for an injunction to prohibit the election commission from placing Todd's name on the general election ballot. Todd's demurrer, and motion to...

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2 cases
  • O'Neal v. Simpson, 50068
    • United States
    • United States State Supreme Court of Mississippi
    • 31 Agosto 1977
    ...General nor sought a declaratory judgment from the District Court of the District of Columbia. In two recent cases, Todd v. Smith, 331 So.2d 920 (Miss.1976) and Jones v. Moorman, 327 So.2d 298 (Miss.1976), we held that the attempted repeal of a statute was not effective under Section 5 of t......
  • Columbus Brick Co. v. Mayor and City Council of City of Columbus, 48739
    • United States
    • United States State Supreme Court of Mississippi
    • 11 Mayo 1976
    ...331 So.2d 920 COLUMBUS BRICK COMPANY et MAYOR AND CITY COUNCIL OF CITY OF COLUMBUS, Mississippi. No. 48739. Supreme Court of Mississippi. May 11, 1976. Appeal from Chancery Court, Lowndes County; Woodrow W. Brand, Jr., Chancellor. Threadgill & Smith, David L. Sanders, Columbus, for appellan......

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