Tennessee Supreme Court Cases

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View Entry Year Case Name County Cause/Crime Case Description Division Location # Pages Order
View Entry 1945 A. J. Fair, et al. v. City of Elizabethton Carter Election Dispute

Pl's: Ralph & Robert L. Perry, S. B. Hale, L. K. Kenney, R. Ledford, Earl Belvins, Lexie C. Moss, R. M. Erwin, Fred T. & William Taylor, & all residents of Elizabethton. Defs: R. B. Moreland, P. P. Bain, M. W. Snell, S. G. Myers. The city held a vote for a "beer referendum" deemed a "straw vote," that incurred many fees due to advertisements & other expenses. The plaintiff sued to ify the vote, & to prevent any further taxes or fees being imposed.

 East Range: 5 Section: B Shelf: Box Number: 15 97 Order A Copy
View Entry 1892 A. J. Barton, et al. v. L. Lett, et al. Weakley Election Dispute

Election issues involving the town of Greenfield and its' municipal election of 1891.

 West Range: 83 Section: F Shelf: Box Number: 365 16 Order A Copy
View Entry 1895 Alexander N. Moore v. W. H. Caldwell Obion Contested Election West Range: 82 Section: F Shelf: Box Number: 623 155 Order A Copy
View Entry 1938 Alan S. Kelly v. W. M. Ables, County Judge Marion Election Dispute

Kelly wanted a vote on a school-building bond issue declared invalid because (a) no election was held at 11 of 29 polling places in the county and (b) omitted from the ballot were instructions to mark the appropriate square opposite the question. Exhibits include official ballot, newspaper clipping reporting election results by precinct, and letter from the regional director of the [Public Works Administration] which built airports, dams, schools, warships & bridges during the Depression.

 East Range: 9 Section: C Shelf: Box Number: 1116 48 Order A Copy
View Entry 1872 A. K. Rhineheart et al. v. George A. Cate et al. Election Dispute

Case originated in James County. Too many additional plaintiffs and defendants to name. Surnames include Watkins, Priddy, Talley, Anderson, Clouse, Johnson, Eldridge, Dickson, Webb, Conner, Curney, Haring, Servis, Hunter, Gerald, Regal, Mathis, and Fitzgerald. After the formation of James County, a vote was held to establish the location of the county seat. Plaintiffs complain that defendants, wishing to establish the James County seat in Ooltewah instead of Harrison, withheld 64 lawful votes.

 East Range: 9 Section: F Shelf: Box Number: 1213 37 Order A Copy
View Entry 1894 Alex N. Moore v. W. H. Caldwell Obion Election Dispute

Both Moore and Caldwell were candidates for County Judge in an August 1894 election. Caldwell received more votes than Moore. Moore argues that the ballots that were used for Caldwell were not valid and should not be counted. The ballots that are in question have been presented as evidence in this case. They were with the case in a separate bag. The bag and the said ballots are in their own folder in Box 595 and have been labeled as such. Case files are in multiple folders.

 West Range: 82 Section: E Shelf: Box Number: 595 523 Order A Copy
View Entry Boring v. Griffith Contested Election

Incomplete case file; brief for defendant. Concerns an election for sheriff.

 East Range: 5 Section: A Shelf: Box Number: 6 2 Order A Copy
View Entry 1909 C. C. Ogilvie et al.v. James Brett Jr. et al. Shelby Election Dispute

Additional defendants: A. B. Carter, T. O. Vinton, O. I. Kruger, G. B. Malone, C. J. Haase, P. H. Pehlan, W. C. Edmondson. A. B. Carter, T. O. Vinton and James Brett Jr. constitute the Board of Election Commissioners of Shelby County, Tennessee. Additional Plaintiffs: E. A. Neeley and J. M. Steen (included upon amendment). Suit concerns the election for members of the Board of Education of the Memphis City Schools.

 West Range: 80 Section: E Shelf: Box Number: 1146 186 Order A Copy
View Entry 1885 C. H. Slack, et al. v. the Mayor & Aldermen of the City of Bristol Sullivan Election Dispute

Case incomplete: briefs only. Case concerns the South Atlantic and Ohio Railroad Company and John M. Bailey. Case of action: the validity of a referendum held by the city about the construction of railroad. Also see ET 1878 for additional case pages.

 East Range: 9 Section: B Shelf: Box Number: 1086 246 Order A Copy
View Entry 1937 Dr. A. W. Lewis v. Dr. H. P. Hyde, et al Polk Contested Election

Dr. Lewis was elected jail physician of Polk county, before his term was up, Dr. Hyde was elected to replace him by and approved by W. V. Davis. Dr. Lewis says the election was unlawful Additional Defendant: W. V. Davis, County Judge

 East Range: 8 Section: J Shelf: Box Number: 1028 92 Order A Copy
View Entry 1921 Dr. D. W. Bolton et al. v. Miss Charl Williams et al. Shelby Election Dispute

Additional plaintiffs: Mr. B. L. Weller. Additional defendants: J. L. Powell, J. H. Aycock, W. B. Klinke, S. Y. Wilson, and George McSweyn. Case concerns the Elementary School Board of Shelby County.

 Middle Range: 33 Section: D Shelf: Box Number: 469 162 Order A Copy
View Entry 1942 Earl A. Wilkerson v. J. A. Cathcart, et al. Blount Election Dispute

Wilkerson sued Cathcart, G. E. Garner, & Charles A. Reed; all parties in the suit having run for Justice of the Peace. There was an error in tallying of the votes, & Wilkerson filed a petition to have a recount.

 East Range: 5 Section: A Shelf: Box Number: 7 60 Order A Copy
View Entry 1842 Elisha Thomason v. Joseph Rich, Chairman Grainger Election Dispute

Elisha Thomason was the county sheriff, but failed to collect taxes and fines as required by his office. Thomason sued for the right to remain in office while fees were collected.

 East Range: 5 Section: B Shelf: Box Number: 21 5 Order A Copy
View Entry 1939 Edwin E. White, et al. v. C. S. Tollett, et al. Cumberland Election Dispute

"Motion to Dissolve Injunction and on Amendments." Folders of this case are in multiple boxes: ET box # 709, ET 711, and ET 713. Additional Plaintiffs: B. L. Duncan, Abram Nightingale, H. M. Randall, J. V. Wright, Mrs. J. S. Bowden, C. C. Haun, J. O. Griffin, George Brookhart, Harry Sabine, Eugene Smathers, A. H. Hall, W. M. Victry, Emma F. Dodge, Elizabeth Fletcher, etc.

 East Range: 5 Section: F Shelf: Box Number: 135 233 Order A Copy
View Entry 1909 Edward H. Crump v. James H. Malone et al. Shelby Election Dispute

Defendant James H. Malone is mayor of Memphis and former member Legislative Council. Additional defendants: John T. Walsh, E. G. Henning, H.T. Bruce. Crump served as mayor of Memphis 3 two year terms. Influential in politics for nearly fifty years. Edward Crump was officially elected Mayor of Memphis in Nov. 1909. He beat out J. J. Williams who went to the Legislative Council and contested the election of Crump. Crump charging that Legis. council. has no authority to determine outcome of election.

 Middle Range: 34 Section: F Shelf: Box Number: 715 288 Order A Copy
View Entry 1938 E. S. Underwood v. John Huffaker et al Sevier Election Dispute

Underwood elected to school board in August 1936 election (opponent: Huffaker). Underwood elected chairman, succeeded by Watson. Soon after, dispute arose over Underwood's decision to resign, then withdraw resignation. Huffaker appointed his replacement. Add. Def. John N. Watson, Chmn of County Bd of Educ; Theron H. Hodges, Cty Superintendent of Schools; K. I. Ownby, Buford A. Townsend, W. E. Branam, Dr. B. B. Montgomery & Edgar White, Mbrs of Cty Bd of Educ.

 East Range: 9 Section: H Shelf: Box Number: 1268 62 Order A Copy
View Entry 1934 F. C. Wilson et al. v. Sam B. Wilson et al. Hamilton Election Dispute

Additional plaintiffs: W. M. Mewton, C. R. Hickey. H. E. Hoodenpyle, W. C. Thurman, J. M. Johnson. Additional defendants: John B. Smith and James M. Layne. Defendants are on the Education Board of Sequatchie County. Case deals with the general school law as found in Chapter 113 of the General Assembly if 1925. Both parties claim to be duly elected to the board in question.

 East Range: 8 Section: A Shelf: Box Number: 806 40 Order A Copy
View Entry 1938 F. H. Foust v. B. F. Alexander et al. Anderson Election Dispute

Additional defendants: Laura Gamble, S.E. Brock, Harve Elkins, Harve Williams, and Cal Wade. def.'s Alexander, Gamble and Brock were Board of Election Commissioners of Anderson County. They held a special election to elect a Justice of the Peace. Foust suing for decree disqualifying the votes of residents of Norris in said election because the property belonged to the TN Valley Authority and was within the jurisdiction of the U.S. government, and therefore its people were not Tennessee residents.

 East Range: 9 Section: J Shelf: Box Number: 1290 154 Order A Copy
View Entry 1947 H. F. O'Neil v. The Morgan County Election Commissioner Morgan Election Dispute

Election concerned changes to the laws pertaining to liquor violations.

 East Range: 6 Section: C Shelf: Box Number: 290 131 Order A Copy
View Entry 1891 I. N. Snowden, J. F. Frank, & John L. Wellford v. E. J. Carrington, George H. Herbers,& George Haszinger Shelby Election Dispute West Range: 83 Section: E Shelf: Box Number: 327 41 Order A Copy
View Entry 1883 John G. Combs et al.v. John W. Stumph et al McNairy Election Dispute

Concerns a vote to select the county seat. Includes lists of voters and numerous depositions. Additional complainants: George W. Morley, Sidney Plunk, & J. T. Wilkinson. Primary defendant was Chairman of the County Court. Additional defendants include M. M. Demmery, Jno. G. Gooch, P. A. Brown, W. W. Massey, J. H. Rewl, W. S. Deberry, R. W. Caffy, Jno. W. Walker, J. S. Rumer, B. F. Sanders, W. H. Stone, R. D. Wilson, J. A. Miller, Jno. W. Burks, D. M. Boon, D. P. McKinzie, W. J. Massengill.

 West Range: 84 Section: D Shelf: Box Number: 210 430 Order A Copy
View Entry 1915 John H. Hogan v. Joe N. McCutcheon Hamilton Election Dispute

Opinion only.

 East Range: 5 Section: E Shelf: Box Number: 92 2 Order A Copy
View Entry 1946 James Reed et al. v. J. R. Nichols et al. Hancock Election Dispute

Additional Plaintiffs: Henry Drinnon, Hugh S. Moles, C. M. Collins, J. C. Tent, Clay Lawson, E. O. Parkey, James Lynch, Clyde Parkey, H. C. Lawson, Arlie Stapleton, Broton Fleenor, Tylor Johnson, Harrison Burke, B. M. Mullins, Dan Roberts, H. K. Wolfe, James Minor, Luther Mitchel, Walter Jones, Noah Sutton. Additional Defendants: Leonard Wilburn, Kyle Lawson, Ples Greene, William Gibson, Silas Collins, W. R. Made, George Neal, Ellis Johnson, George Rhea, R. T. Mathis, Porter Ramsey, Alf Delp.

 East Range: 5 Section: G Shelf: Box Number: 166 62 Order A Copy
View Entry 1935 Joel N. Pierce v. Kenneth C. Hart Greene Election Dispute

The case involved the selection for County Superintendent. Pierce was elected.

 East Range: 8 Section: C Shelf: Box Number: 855 169 Order A Copy
View Entry 1924 J. N. Parker et al. v. E. F. Davis et al. Dyer Election Dispute

Additional parties: Too many to name. Case concerns election that took place at a new independent school district known as RoEllen School in respect to the issuance of school bonds. Upon passing $10,000 in school bonds would have been used to erect a new public school building. Plaintiffs claim the election was illegal and contrary to law and all vote that were casts are void and therefor there is no authority for the issuance and sale of bonds. 2 folders.

 West Range: 78 Section: F Shelf: Box Number: 1888 124 Order A Copy
View Entry 1877 J. K. Bouldin, exe. of Robert Sanders, Clerk & Master of Grundy Co. v. John c. Lockhart, et al Marion Election Dispute

Sept. 1873 Grundy Co. held an election to decide whether the county seat would be moved from Altamont to Tracy City. Plntff. alleges that the Sheriff did not open & hold an election in the 8th Civil Dist. although he did so elsewhere, thus defrauding the taxpayers. Plntff. also alleges that the defts. tampered with the election results & accuses officials of other illegal activities. See also: MT, Box 350. (Location may be incorrect.)

 East Range: 20 Section: A Shelf: Box Number: 1659 343 Order A Copy
View Entry 1871 James Mercer, J. P. Mason & Thomas Grills, dba Mercer & Co. v. W. W. Borell (Mayor of Jonesboro), & J. R. Boyde, S. E. Griffith, H. D. Hale, James G. Deaderick, W. S. Slemmons & R. H. Dunigan (Jonesboro Board of Aldermen) Washington Election Dispute

Mercer & Co took out license to retail spirits, paying related privilege tax. Firm then discovered ordinance prohibiting liquor sales between 9 pm & 5 am, another prohibiting liquor sales to intoxicated person, & another (unpublished) requiring doors to be closed after dark. Grills (partner who ran business) arrested several times. Firm now suing purported Mayor & Board, alleging they are not legally sitting as said Mayor & Board, as election timing & notice requirements not met.

 East Range: 9 Section: H Shelf: Box Number: 1241 24 Order A Copy
View Entry 1929 J. J. Holland et als v. J. C. Parker et als Benton Election Dispute

Enjoining the defendants from advertising or holding an election as provided for by Chapter 149 of the Private Acts of 1927 and from taking any steps where the complainants could be interfered with as their roles on the Board of Education; allege that complainants terms of office expired but they had been running to school system of Benton County regardless for 2 years

 West Range: 77 Section: D Shelf: Box Number: 1979 54 Order A Copy
View Entry 1877 L. W. Hooper, et al. v. A. W. Rhea, et al. Cocke Election Dispute

Case involves a dispute over a charter. Case incomplete; brief only. See also ET Box 1880

 East Range: 5 Section: E Shelf: Box Number: 103 316 Order A Copy
View Entry 1947 L. C. Bradley, et al. v. Rock Gardens Utility District Corp., et al. Blount Election Dispute

Additional Plaintiffs: John Mobley, Hubert McNeil, F. L. Griffin, C. W. Fortner, Paul Wilson, Eric Headrick, A. C. Grant, S. W. Holtzclaw, and N. W. Bradley. Additional Defendants: Roy H. Beeler, Homer Goddard, James Reed, Charles Young, Blount County Election Commission, S. W. Rogers, Bruce Scott, and Mrs. J. V. Akers.

 East Range: 5 Section: G Shelf: Box Number: 163 59 Order A Copy
View Entry 1881 Mayor & Aldermen of Trenton, Tenn. v. Tennessee Central Railroad Company et al Gibson Election Dispute

Current mayor and aldermen charge former mayor and aldermen with holding a fraudulent election in 1873 to subscribe bond money ($60,000) for railroad line, which had not been surveyed or completed. Charge was also made that the railroad company had no valid charter of incorporation.

 West Range: 84 Section: H Shelf: Box Number: 171 0 Order A Copy
View Entry 1938 M. W. Gibson v. M. C. Dalton Claiborne Election Dispute East Range: 7 Section: H Shelf: Box Number: 723 84 Order A Copy
View Entry 1943 Roscoe Byrd v. C. W. Wright Scott Election Dispute

Fills 2 Boxes - See Box 108 also. polling results included.

 East Range: 5 Section: E Shelf: Box Number: 106 2187 Order A Copy
View Entry 1943 Roscoe Byrd v. C. W. Wright Scott Election Dispute

Fills 2 Boxes - see Box 106 for remainder. Polling results included.

 East Range: 5 Section: E Shelf: Box Number: 108 2187 Order A Copy
View Entry 1940 Ralph W. Duggan, et al. v. John C. Cate, et al. McMinn Election Dispute

Additional Parties Unknown.

 East Range: 6 Section: A Shelf: Box Number: 254 20 Order A Copy
View Entry 1905 Red River Furnace Company et al.v. The Tennessee Central R. R. Co. & The City of Clarksville Montgomery Election Dispute

Opinion only (2 copies). City of Clarksville taxpayers sued to enjoin City from issued bonds to pay $100,000 subscription for capital stock of Nashville & Clarksville Railroad (name changed to Tennessee Central Railroad Company). Dispute re election held to vote on City's participation in stock subscription, which railroad proposed in 1901 in order to construct railroad line from Nashville to Clarksville. Pla. claimed various irregularities in election invalidated it. Opinion marked "For publication".

 Middle Range: 35 Section: C Shelf: Box Number: 824 46 Order A Copy
View Entry 1926 Roy C. Wallace v. M. F. Grubb, et al. Loudon Contested Election

Roy Wallace, was a member of the school board, & school director. He ran for senator & won. He continued to serve on the school board until the next election. Someone else took his seat, & he was appointed back to the board by the Mayor. Others Thought it was not fair for him to continue after becoming a senator & sued. See additional document in box ET 70.

 East Range: 5 Section: A Shelf: Box Number: 8a 5 Order A Copy
View Entry 1902 R. D. DeFord, et al. v. C. L. Smith, et al. Hardin Election Dispute

"This case was filed by the citizens and taxpayers of Hardin County against the election commissioners to enjoin the election commissioners from holding an election under Chapter 252 of the Acts of 1899 on the ground that the said Act is unconstitutional."

 West Range: 81 Section: D Shelf: Box Number: 826 19 Order A Copy
View Entry 1916 State v. W. F. Hunt Davidson Election Dispute

3 Folders

 Middle Range: 21 Section: C Shelf: Box Number: 100 0 Order A Copy
View Entry 1932 State of Tennessee, on the Relation of J. L. Rollings v. Julie Ritzius Grundy Election Dispute

Opinion only.

 East Range: 5 Section: D Shelf: Box Number: 83 7 Order A Copy
View Entry 1943 State ex Rel. John P. Davis v. J. Kyle Kivett, et al. Claiborne Election Dispute

Additional Defendants: Glenn Pearman, I. N. Mink. See Boxes 120 and 122 for remainder of case. 10 Folders. 3 Boxes.

 East Range: 5 Section: F Shelf: Box Number: 118 2333 Order A Copy
View Entry 1943 State ex. rel. Solon L. Robinson v. James L. Hutcheson, Chairman et al Bledsoe Election Dispute

Additional Defendant: Lee Tollott, Sr., Secretary; A. F. Goforth, Election Commissioners for Bledsoe County; Wade H. Farmer.

 East Range: 6 Section: G Shelf: Box Number: 464 156 Order A Copy
View Entry 1882 State, ex rel W. A. Anderson v. C. B. Gossett Knox Contested Election

File incomplete. Brief only. Anderson very narrowly defeated Gossett in the 1880 election for Knox County Sheriff. Gossett challenged the validity of the election results.

 East Range: 9 Section: B Shelf: Box Number: 1088 22 Order A Copy
View Entry 1938 State, ex rel Marion Sell, Gladstone White, & Robert Wiley v. Henry Hoss, Sam R. Taylor, & James A. Vines Washington Election Dispute

Disenfranchisement case in which plaintiffs sued Mayor Sell & town of Johnson City for unlawfully holding a special election. At issue was whether or not a City Manager form of government should be had in the town. All petitioners & illegal voters listed. Plaintiffs claim that few citizens could meet the requirement of registering to vote & paying poll tax 60 days before election, thus allowing a small minority to decide for the majority. Plaintiffs composed of election commissioners.

 East Range: 9 Section: C Shelf: Box Number: 1116 120 Order A Copy
View Entry 1891 State, ex rel. John Roberts, et al. v. B. F. Whiteside Hamilton Election Dispute

Other plaintiffs: D. M. Stewart; M. R. Thurman. Whiteside was Justice of the Peace for 2nd Ward in Chattanooga. Gen. Assembly passed law in 1875 giving Chattanooga 2 JPs per ward. Plaintiffs said law was unconstitutional b/c it contained a population provision so law only applied to Chattanooga. Also argued that even if law was constitutional, it was no longer valid b/c Chattanooga's population now exceeded provision. & that, therefore, Whiteside's election was invalid. 7 other similar cases in box.

 East Range: 19 Section: F Shelf: Box Number: 1768 43 Order A Copy
View Entry 1891 State, ex rel. John Roberts, et al. v. T. M. Rowden Hamilton Election Dispute

Other plaintiffs: D. M. Stewart; M. R. Thurman. Rowden was elected Justice of the Peace for 2nd Ward in Chattanooga. Gen. Assembly passed law in 1875 giving Chattanooga 2 JPs per ward. Plaintiffs said law was unconstitutional b/c it contained a population provision so law only applied to Chattanooga. Also argued that even if law was constitutional, it was no longer valid b/c Chattanooga's population now exceeded provision. & that, therefore, Rowden's election was invalid. 7 other similar cases in box.

 East Range: 19 Section: F Shelf: Box Number: 1768 44 Order A Copy
View Entry 1905 State Ex Rel W. A. Latture v. James B. Frazier, Governor, et al Davidson Election Dispute

Opinion only (2 copies). Latture sued Govr, Sec of State & Atty General (comprising Bd of Inspectors of Elections) to compare vote for Joint-Representative in Hawkins & Sullivan Counties in last election & declare highest vote-getter duly elected. Issue: did court have jurisdiction to require officials to perform duties. Court ruled in Latture's favor & Board appealed to SC. Before SC ruled, Latture declared winner & inducted into office by House of Representatives. SC opinion marked "For Publication".

 Middle Range: 35 Section: C Shelf: Box Number: 824 8 Order A Copy
View Entry 1931 State ex rel. Joel N. Pierce v. George Hardin Greene Contested Election

Hardin was the incumbent County Superintendent when his 2 year term ended in 1931. The County Court had met to elect the next County Superintendent and both Hardin and Pierce were candidates and both received equal votes. The County Judge attempted to break the tie (which he could not lawfully do) and then declared there was no election. Pierce was elected in the second vote, but Hardin refused to yield the office to him. Pierce sought mandamus to get office. 2 folders.

 East Range: 10 Section: B Shelf: Box Number: 1332 309 Order A Copy
View Entry 1921 Shelby County v. W. B. Gray et al Shelby Election Dispute

Add. Defendant: Milton J. Anderson. In 1918, one John L. Parham resigned as Election Commissioner and the board removed W. B. Gray from the same position and placed Milton J. Anderson in his place. The defendant then filed an injunction bill to restrain M. J. Anderson from interfering with his duties and the board's attempted removal of him was unlawful and void. Plaintiff filed this bill to require the defendants to settle their rights and claim among themselves.

 West Range: 78 Section: B Shelf: Box Number: 1649 361 Order A Copy
View Entry 1871 State et al. v. S. A. Moore Shelby Election Dispute

Dispute over Civil Officers election.

 West Range: 84 Section: B Shelf: Box Number: 26 0 Order A Copy

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