Edrington v. Chenet
Edrington v. Chenet
Opinion of the Court
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.
Reference
- Full Case Name
- EDRINGTON v. CHENET
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- 2 cases
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- Syllabus
- (Syllabus by Editorial Staff.) 1. Elections (§ 154*) — Primary Elections— Contest — Evidence. The court in a primary election contest may not deduct from the votes cast for the opposing candidate votes cast by persons who had not paid their poll taxes, or who were nonresidents, unless the evidence shows that they voted for such candidate; and where only one of several persons wrongfully denied the right to vote showed that, had he been permitted to vote, he would have voted for one of the candidates, only one vote may be added to such candidate’s count. [Ed. Note. — Eor other cases, see Elections, Cent. Dig. § 136; Dec. Dig. § 154.*] 2. Elections (§ 154*) — Peimaey Elections— Contest — Evidence. Where, in a suit to contest a Democratic primary election, it was claimed that one not affiliated with the Democratic party voted, but his name was not given in the argument, nor mentioned in the pleadings, and the court could not find any reference to him in the record, a deduction of a vote would not be allowed. [Ed. Note. — Eor other cases, see Elections, Cent. Dig. § 136; Dec. Dig. § 154.*]