
    W. E. Easly v. J. G. Badenhausen.
    Contested Elections. Municipal officers. Inapplicability of statute. .
    
    Code 1880, § 150, applies exclusively to the elections prescribed by the general law of which it is a part, and does not embrace those of officers of towns provided for by their charters.
    Appeal from the Circuit Court of Pike County.
    Hon. J. B. Chrisman, Judge.
    The appellant filed his petition in the Circuit Court against the appellee, who was returned as elected to the office of mayor of McComb City at an election of town officers held on Dec. 5, 1881, under the charter, alleging that he received a greater number of legal votes than the appellee, and asking for a jury to try the right to the office. A demurrer upon the ground that this remedy was inapplicable was sustained.
    
      W. P. Cassedy, for the appellant.
    The remedy provided by Code 1880, § 150, for contesting elections, applies to the office of mayor of a town where the charter makes him ex officio a justice of the peace of the county. No other remedy exists. Oglesby v. Sigman, 58 Miss. 502. A writ of quo warranto will not reach such a case.
    
      T. P. StocJcdale, on the same side.
    
      S. B. PaeJewood, for the appellee.
    The statute which prescribes the kind of tickets to be used at elections (Code 1880, § 137) is inapplicable to municipal elections unless made so by charter. Harrison v. Greaves, ante, 453. No reason can be given why § 150, which is part of the same law, should not be governed by the same principle.
   Campbell, C. J.,

delivered the opinion of the court.

Section 150 of the Code of 1880 does not embrace elections of officers of towns provided for by their charters. It has exclusive application to the elections provided for by the general law of which it is a part. The demurrer was properly sustained.

Judgment affirmed.  