Shines v. Hamilton

Citations

• 87 Miss. 384
• 39 So. 1008

Syllabus

<p>1. Municipalities. Elections. Contests. Code 1892, §§ 3034, 3079.</p> <p>Under Code 1892, § 3034, making all the provisions of tbe code on tbe subject of state and county elections applicable to municipal elections, a contest for the office of mayor of a city operating under the code chapter on municipalities is properly brought under Code 1892, § 3679, providing for contests of state and county elections.</p> <p>2. Same. Pleading. Ballots. Names of candidates. Code 1892, § 3655.</p> <p>In an election contest a petition, charging that the respondent’s name was placed on the official ballot without the written request of himself or any other candidate nominated by the convention which he claims nominated him, or of a qualified elector who made oath that he was a member of the nominating body or participated in the primary election at which respondent was nominated, is not good and does not sufficiently charge that his name was improperly on the ballot, since, under Code 1892, § 3655, it is provided that, after the proper officer has knowledge of a nomination, as provided therein, of a candidate for office, he shall not omit his name from the ballot, unless on the written request of such candidate, and that every ballot shall contain the names of all candidates nominated as specified and not duly withdrawn.</p> <p>3. Same. Commissioners. Invalid appointments. Code 1892, §§ 3643,-3661.</p> <p>Where the same irregularity avoided two separate appointments of election commissioners and the same invalidity, attached to all ■ official ballots, the objections will not prevent the electors from holding an election, they being empowered in such cases to act (Code 1892, § 3643), and the ballots actually used, whether official or not, are properly to be counted, under Code 1892, § 3661.</p> <p>4. Same. Ineligibility of highest candidate.</p> <p>In an election contest, there being no charge of fraud, a minority candidate, who receives less than one-fourth of the votes cast at