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appellants was being challenged, filed resistance to the motion. We quote the said
resistance as follows:
CO-RESPONDENTS BRUMSKINE & KARNWEA'S RESISTANCE
Co-respondents in the above entitled proceedings deny the legal and
factual sufficiency of the motion to dismiss appeal for the following
reasons to wit:
1. Because Section 6.7 of the Elections Law provides that "Within
seven (7) days after the Commission's determination of a contest, any
contestant appealing from the determination shall file his bill of
exceptions to the office of the Clerk of the Supreme Court (emphasis
supplied) ..." Co-Respondents submit that the law does not say every
contestant at the level of the Commission; it says any contestant who
decides to appeal.
2. Also because Section 6.8 of the Elections Law provides that, "The
contestant shall enter into a recognizance for payment of costs
incurred on the appeal (emphasis supplied) ..." Co-respondents submit
that it does not require an astute jurist to realize from the interplay of
Sections 6.7 and 6.8 of the Elections Law that in order for a person to
be required to enter into a recognizance, such person must be an
appellant before this Court—a party to the Bill of Exceptions.
3. And also because it is the bill of exceptions that gives the Honorable
Supreme jurisdiction over a contestant. Stated differently, if a
contestant is not a party to the bill of exceptions—does not to file a
bill of exceptions—the Supreme Court may not exercise jurisdiction
over such person.
4. And also because the caption of the bill of exceptions evidences
that the 1st appellants are only "Charles Walker Brumskine and
Harrison S. Karnwea, presidential and vice presidential candidates."
Copy of the first page of the bill of exceptions, as filed with the Clerk
of this Honorable Court, and served upon the Commission, is hereto
attached, as Co-Respondents Exhibit "A."
5. And also because the entire motion, counts 1 thru 9, is without any
legal basis, and should, therefore, be denied and dismissed.
6. And also because as to the entire motion, co-respondents deny all
and singular the allegations contained in the motion, which have not
been made a subject of special traverse herein.
WHEREFORE AND IN VIEW OF THE FOREGOING, the Co-Respondents
pray that the Motion be denied and dismissed, denying Movant the
relief sought; and, that Your Honors will grant unto the CoRespondents such other and further reliefs, as are provided in law and
equity, with cost against the Movant.
Respectfully submitted
The above named co-respondents.
Dated this 1st day of December, A.D. 2017.”
The foregoing constitutes the background to the appeal before the Supreme
Court; and from the bills of exceptions filed by the parties appellants and the briefs