Weaver v. Maxwell

• Decision Date: 02 July 1949
• Citation: 224 S.W.2d 832,189 Tenn. 183
• Parties: WEAVER v. MAXWELL et al.
• Court: Tennessee Supreme Court

224 S.W.2d 832

189 Tenn. 183

WEAVER v. MAXWELL et al.

Supreme Court of Tennessee.

July 2, 1949

Rehearing Denied Dec. 17, 1949.

Appeal from Chancery Court, Bradley County; Glenn W. Woodlee Chancellor.

Suit by George W. Weaver against J. L. Maxwell and others, for declaratory judgment. From a decree for complainant defendants appeal.

Reversed and rendered.

Charles S. Mayfield, Jr., and George E. Westerberg, Cleveland, for complainant.

H. D. Kerr and Hardwick Stuart, Cleveland, for defendants.

V. F Carmichael, Cleveland, for defendant, Frank Barger.

TOMLINSON Justice.

This is a suit commenced by Weaver, appellee here, under the Declaratory Judgments Act, Code section 8835 et seq. Two of the appellants, who were defendants below, to-wit, Cunningham and Wade, are members of the Bradley County Election Commission. After the general election on August 5, 1948 these two commissioners delivered to Maxwell, defendant below and an appellant here, a certificate signed by them to the effect that in the aforesaid election he, Maxwell, had been elected a Justice of the Peace for the Fourth Civil District of Bradley County from the town of Cleveland. Based upon this certificate the Governor issued Maxwell a commission.

The bill filed by Weaver alleges that no election for this office was held in the August, 1948 election, and that the certificate and commission issued to Maxwell are void and do not vest him with any title to the office; that the issuance of the certificate is the result of a fraud and conspiracy upon the part of and between these two election commissioners and Maxwell.

The bill also alleges that complainant Weaver was elected to this office in 1942; that, since no election was held in August 1948 he, Weaver, is the duly qualified, elected and commissioned Justice of the Peace of the Fourth Civil District for the town of Cleveland, and that Maxwell's alleged illegal claim to the office is resulting in much confusion to the detriment of the public.

The prayer of the bill is that the Chancellor declare the rights and status of Weaver and Maxwell, respectively; that it be adjudged that no election was held for this office in the August election; that the certificate and commission issued to Maxwell be declared void; that Maxwell be enjoined from occupying the office and exercising its powers; that Weaver be declared the incumbent.

The defendants demurred to this bill on a...