59 So. 791 | La. | 1912
This is a suit to contest a primary election brought under Act No. 198 of 1912 by the plaintiff, claiming to have been nominated for the office of district attorney for the Twenty-Eighth judicial district, composed of the parishes of Jefferson, St. Charles, and St. John. The contestant alleged that he received 1,076 votes', against 1,027 votes cast for the defendant, but that the judicial committee of the district, by ignoring the election and returns from the parish of Jefferson and three wards of the parish of St. Charles, figured out a majority in favor of the defendant, and returned him as the Democratic nominee for said office. This action of the committee is the only irregularity or illegality complained of by the plaintiff in reference to the primary election. Plaintiff says:
“I was elected by 49 majority as shown by the returns, and the committee wrongfully counted me out by refusing to consider the returns from the parish of Jefferson and three wards of the parish of St. Charles.”
In the recent case of Andrews v. Blackman, 59 South. 769,
It is therefore ordered that the judgment below be reversed, and that this cause be remanded for further proceedings according to law and the views expressed in the foregoing opinion. Costs of appeal to be paid by the plaintiff and appellee.
Ante, p. 355.