59 So. 866 | La. | 1912
Plaintiff and defendant were candidates for judge of the Twenty-Eighth judicial district court at the Democratic primary election held in that district September 3,1912. This case is similar in all respects to that of the case of Marrero v. Middleton et al., 131 La. 432, 59 South. 863, this day decided by us. There was judgment in favor of the plaintiff, Judge Edrington, and against the defendant, Judge Chenet, from which judgment derendant prosecutes this appeal.
Because of the great similarity in the two cases it becomes unnecessary for us to repeat what is said by us in the reasons for judgment in the case of Marrero v. Middleton. That case, having been filed in this court before the present one, gave it precedence; and we now refer to the reasons for judgment in that case and make them a part of the judgment in this case.
The judgment appealed from finds that Judge Edrington had a majority of 33 votes, and that he is entitled to be declared the nominee of the Democratic party for judge of the Twenty-Eighth judicial district.
Judge Edrington having received a majority of the votes cast at the election, September 3, 1912, held in the Twenty-Eighth judicial district for the office of judge, it is ordered that the judgment appealed from is affirmed.
Counsel for the contestee has presented to the court a brief purporting to point out manifest errors in the judgment rendered in this case, sufficient, as they allege, to authorize a different finding. Counsel for the contestant has replied, and the court has given the matter such further consideration as the circumstances admit. We have not, as a result, been convinced that we have erred in affirming the conclusion reached by the trial judge, or that sufficient cause has been shown for reversing the action taken by us.