56 So. 2d 32 | Miss. | 1952
This is an election contest case growing out of the Democratic Primary election held for a member of the Board of Supervisors of District No. 2 in Franklin County on August 28, 1951. The appellee, Harvey Prather, was declared the Democratic nominee by the Democratic Executive Committee of the county, and Louie Landers, the appellant, filed a contest of the election. The Democratic Executive Committee refused to hear the petition. Landers then filed a petition for a judicial review. A special tribunal was set up as provided by the statute for the hearing of the petition, and after a hearing on the petition the appellee was declared the nominee for the office, and the contestant’s petition was dismissed. From that judgment the contestant prosecutes this appeal.
After hearing the evidence introduced at the trial the special tribunal made a finding of facts, covering the controverted issues, which was incorporated in the record, and the contestant was allowed four days in addition to the three days fixed by the statute to perfect an appeal
It is not necessary that we undertake to state the facts alleged in the petition for review, or that we enter into a detailed discussion of the findings of the special tribunal for the reason that the appeal in this case must be dismissed on account of the failure of the appellant to file a proper bill of exceptions.
In McDonald v. Spence, 179 Miss. 342, 174 So. 54, this Court held that in an election contest case of this kind brought before us for review on appeal a proper bill of exceptions is necessary to confer jurisdiction on this Court. And the Court, in its opinion in that case, stated that the act contemplated that the bill of exceptions should contain the petition, answers, and exhibits thereto, and the points raised before the special tribunal, setting forth the rulings thereon, and the facts developed which may be pertinent to an understanding thereof. The Court also made note of the fact that the act does not authorize the sending up of the stenographer’s notes, unless there is a disagreement as to the facts between the judge and one or more of the election commissioners.
Appeal dismissed.