Triche v. Labiche

Citations

• 121 La. 138
• 46 So. 130
• 1908 La. LEXIS 643

Syllabus

<p>1. Elections — Primary Election — Contest— “Party Aggrieved.”</p> <p>Where, on the hearing of a protest against a primary election, the parish committee canvassing the returns sustained the protest and ordered a new election, whereupon plaintiff, claiming to have been nominated, instituted proceedings against defendant to contest such ruling, in which defendant appeared and resisted plaintiff’s claims, defendant could not object that plaintiff was not entitled to institute the proceeding, because he was not a “party aggrieved,” within Acts 1906, p. 66, No. 49, authorizing the party aggrieved by the result declared by a parish committee to prosecute such proceeding, for the reason that defendant had not been declared the nominee, and therefore should not have been sued.</p> <p>[Ed. Note. — For other definitions, see Words and Phrases, vol. 1, pp. 273, 278; vol. 8, pp. 7569, 7570.]</p> <p>2. Same-’-Acquiescence in Decision.</p> <p>Where a parish committee, canvassing returns of a primary election, sustained a protest, declared the election void, and ordered a new one, the fact that plaintiff, the majority candidate, thereafter made an unconditional deposit required for the new election did not constitute an acknowledgment of the correctness of the committee’s decision, so as to preclude him from contesting it.</p> <p>3. Same — Right oe Contest — Registration Roll — Possession.</p> <p>Where an incumbent of the office of clerk of court was a candidate for re-election, he was not precluded from contesting an order of the parish committee setting aside a primary election at which he was nominated for such office, and ordering a new election, by the fact that he had taken to his house and kept there for several months the permanent registration roll; there being no evidence that he acted from an improper motive, or exercised any influence on the election, it also appearing that the original of the permanent roll was in the courthouse, accessible at all times for making