State ex rel. Brewer v. Abbay

Citations

• 82 Miss. 559

Syllabus

<p>1. Primary Election. Laws 1902, eh. 66, p. 105. Executive committee. Mandamus. Recanvas of returns. Defeated candidate.</p> <p>A defeated candidate for a nomination, under the primary election law (Laws 1902, chap. 66, p. 105), ¡haying knowledge of the facts which he claims rendered the successful candidate ineligible, who fails to present them to the executive committee of the . party at the time it meets to canvass the returns and declare the result, cannot because of such facts afterwards, by mandamus, compel the committee to reassemble and review its conclusion, although section 14 of said law requires the committee to investigate and correct wrongs in a primary election.</p> <p>2. Same. Nominations declared. Legality of votes adjudicated.</p> <p>Where the party executive committee, under said law, declares a candidate the party nominee it necessarily adjudicates as legal the votes cast for him.</p>