Opinion
No. 38330.
March 17, 1952.
1. Appeal — moot question — mandamus — primary elections.
An appeal from a judgment denying a petition for a writ of mandamus, which sought to compel certain names to be placed on the ballot for a primary election, will not be entertained after the question presented has become moot by the fact that the election has already been held.
Headnote as approved by Holmes, J.
APPEAL from the circuit court of Jefferson Davis County; SEBE DALE, Judge.
C.E. Conner, for appellants.
None of the appellants were elected or nominated in the primary for which reason it might be said that the appeal now before the Court is a moot case.
There is a principle involved and unless the Court passes on the legality of the arbitrary assessment made by the executive committee then there is no way to prevent this committee or other committees from totally disregarding the statute and making any such assessments as they may desire of candidates and refusing to permit their names to be placed on the primary election ticket. Unless such arbitrary assessments are paid or forcing such candidates to involve themselves in litigation to exercise their right to become candidates for public office and for this reason we submit that this cause should not be dismissed as a moot case but the precedent should be set and the cost of this proceeding should be assessed against the appellee.
Geo. B. Grubbs, for appellee.
Appellants filed their petition in the Circuit Court of Jefferson Davis County on June 27, 1951, praying the issuance of a writ of mandamus, commanding the Democratic Executive Committee of said county to place on the ballots to be used in the primary election to be held on August 7, 1951, the name of Joe White as a candidate for the office of Constable of District No. 3 of said county, the name of H.E. Loftin as a candidate for the office of Justice of the Peace of District No. 1 of said county, the name of W.L. Anderson as a candidate for the office of Supervisor of District No. 3 of said county, and the name of C.H. Shivers as a candidate for the office of Justice of the Peace of District No. 3 of said county. The circuit judge heard the petition on June 29, 1951, and on that date entered an order dismissing the petition, and from this order the appellants appeal.
The primary election in question has now been held and it would avail nothing to now grant the writ even though it should appear that the circuit judge was in error in dismissing the petition, which question we do not decide. The question presented on this appeal is now a moot one and hence not one to be entertained. State ex rel. Horton v. Lawrence, 121 Miss. 338, 83 So. 532.
Affirmed.
Roberds, Alexander, Kyle and Ethridge, JJ., concur.