#### WILLIAM A. SULLIVAN v. J. E. SWAIN et al.

(Filed 10 December, 1930.)

Appeal by plaintiff from Webh, J., at May Term, 1930, of Btra-COMBE.

Application for writ of mandamus to require tbe defendant, board of elections of Buncombe County, to place tbe plaintiff’s name on a ballot to be used in tbe Democratic primary, 7 June, 1930, for nomination as candidate for office of judge of tbe General County Court of Buncombe County in tbe general election to be held 4 November, 1930, denied because, under tbe law, it was not clear that tbe defendant, board of elections, bad ruled erroneously in declaring that no election was to be held for said office in 1930, for that tbe term of tbe present encumbent did not expire until 31 December, 1931. No primary election was held in June, 1930, for said nomination; and no election was held in November, 1930, for said office.

Plaintiff appeals, assigning error.

A. Hall Johnston, J. M. Sorner, Jr., ancl William A. Sullivan in propria persona for plaintiff.

No counsel for defendants.

Pee Cueiam.

Dismissed as moot on authority of Pruitt v. Wood, ante, 788, and Rasberry v. Hicks, ante, 702.

Appeal dismissed.