Todd v. Smith, 49262
| Court | United States State Supreme Court of Mississippi |
| Citation | 331 So.2d 920 |
| Docket Number | No. 49262,49262 |
| Parties | W. G. (Bill) TODD, Jr. v. Norman T. SMITH. |
| Decision Date | 04 May 1976 |
Page 920
v.
Norman T. SMITH.
Walker, Franks, Rone, Bridgforth & Woods, Ltd., Mills E. Barbee, Hernando, for appellant.
James E. Cahill, Jr., Senatobia, for appellee.
Before PATTERSON, WALKER and BROOM, JJ.
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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