# State Ex Rel. Rector v. Wilkes

> Tennessee Supreme Court · December 6, 1968 · 222 Tenn. 384

URL: https://www.frixlaw.com/law-library/cases/9767924

## Case

- **Full name:** State of Tennessee Ex Rel. W. L. Rector Et Al., Appellants, v. James S. Wilkes, Sr., Gwyn H. Bowen and W. C. Moore, Dyer County General Election Commissioners, Appellees
- **Court:** Tennessee Supreme Court
- **Decided:** December 6, 1968
- **Citations:** 222 Tenn. 384; 26 McCanless 384; 436 S.W.2d 425; 1968 Tenn. LEXIS 439
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Chattin, Burnett, Dyee, Creson, Humpheets
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9767924

## Opinion text

On Petition to Behear.
Petitioners have filed an earnest petition to rehear. The petition correctly points out the writer of the original opinion erroneously stated the City of Elizabethton, Tennessee, an incorporated municipality, had adopted the modified City Manager-Council Charter at some time prior to the year 1961; when, in fact, the record shows the City adopted the modified City Manager-Council Charter in 1965.
It is then insisted no ratifying or validating enactment of the legislature had been enacted since the City of Elizabethton.adopted the modified City Manager-Council Charter.
The writer of the opinion should have stated the action of the City of Elizabethton in adopting the modified City Manager-Council Charter was validated by Chapter 584, Public Acts of 1968.
. The petition to rehear is granted to the extent indicated. Otherwise, the petition to rehear is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9767924. Public record. Not legal advice.