Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-12-28
ELECTION CONTEST.
Decision by Judge HeiskeII of the First
Circuit COurt-ElliOtt and TnOmp-
son Declared Magistrates Elect
I'm the Fourteenth District.

The following decree in the first circuit
court yesterday, by Judge Heiskill, Will De
read with interest," II being on an appeal from ON
the county court in the consolidated ELECTION
cases for justices OF the peace OF John Flem-
ing rs J. \. Thompson; ". l.. Stewart ana ).
\. Moore rs. John f. Burke and john I. Eli
Be il remembered that on the twenty-sixth
day OF December, 1873, the above stated cases
having been previously consolidated oy order
OF this court, came on to be heard together De
fore Hon. G. W. Heiskeil, judge OF the hISt
circuit court, of Shelby county, upon the
transcript Of the records from the Shelby
county court. The ScieTi JdciaS heretofore L.
sued by order Of the court TO James Gallagher
W. L. Stewart and John 7. Elliott; the an
swers OF James Gallagher, j, /. Elliott and W.
L. Stewart, aud the proof; And II appearing
10 the satisfaction Of the court that on the
t,~enty-Sixth day of March, lS70, there were
two vacancies in the Office OF Justice OF the
Shelby county, Tennessee, and II further ap-
nearing II the satisfaction OF the court,
sixth OF March, lS7o, by sam II.
shock. commissioner Of registration,
in and for the coGuty Of Shelby, after giving
due snd legal notice OF the same, 10 MI ssll
vscancipss that John 7. Elliott received al
said election twelve hundred ana IOrly y-elghI
votes and john +. Burke received twelve
hundred and forty-fOur votes, which was a
majority Of all the votes cast at sald ERECTION
Ii Is therefore considered. ordered, ad-
Judged and decreed, by the count, that me
said John 7. Elliott and the salc John T.
Burke were duly and legally elected justices
Of the peace in and for the fourteenth civil
district Of shelby county, Tennessee al tie
said election on the twentY-slXth day cl
March 1910: and IL further appearing to the
satisfaction OF the court that the said Johh =
Burke departed this life some time IN March,
1872 and that at an election which was OF
dered by the sheriff OF shelby county, TO De
held on the seventh day OF May Si2i
and which was held on that day to MI the
| vacancy occasioned by the death OF John r,
Burke in the OIfice OF justice OF the peace ior
i the fOurt aenIh district Of Shelby county, Ten
| pessee, that J. A. Thompson received the
highest number OF votes al said election, aLd
was duly and legally elected TO NIL said va
| ordered, adjudged and decreed by this courl
| thai said j. 4. Thompson was duly ana 4e'
! galIy elected a Justice Of the peace in and lOf
! the said fourteenth civil district OF shelby
| county, Tennessee, at the s'sid electlon on lhe
! seventh day of May, 1872. II is further con,
! Sidered, ordered, adjudged and decletu
| by the court that the fact OF the elec-
! tfon Of J. T. Elliott TO the once ol
| Justice OF the peace for the fourteenth eva
/ distTirt OF shelby county, Tennessee, at the
/ 1876 and the TACT Of the election Oh. A. Ihomp
son TO the office of justice of the peace for the
| fourteenth district OF Shelby county, AZ an
| election held on the seventh OF May, 49,, bt
certified to the secretary Of state, "a order tnal
! commissions may issue to J. 1. Ellott ana :
| A. Thompson, according to law. 1t Is further
| considered. ordered, djudged and decreed Dy
| tine court that W. l.. Stewart pay the cos ;
and that the said J. 4. Elliott and J. A. Ihomp'
| son recover OF the said W. l.. stewart ana ms
sureties, the costs of this suit, for which exc
] cutiOn shall issue. ,,
/ DeceIn Der q, 1873.
| A COPY OF the above decree was sent yester'
day 10 The secretary of state, and the cOm-
missions will be made out at once.