State ex rel. v. Board of Supervisors of Coahoma County
| Decision Date | 28 November 1887 |
| Citation | 91 Miss. 582,3 So. 143 |
| Court | Mississippi Supreme Court |
| Parties | STATE OF MISSISSIPPI EX REL., ETC., v. BOARD OF SUPERVISORS OF COAHOMA COUNTY |
October 1907
FROM the circuit court of Coahoma county, HON. J. H. WYNN, Judge.
The state, suing on the relation of the attorney-general appellant was plaintiff in the court below; the board of supervisors, appellee, was defendant there. From a judgment in defendant's favor plaintiff appealed to the supreme court.
The case was decided in November, 1887, long before the present reporter came into office, and is now reported by order of the court, as will be seen from the opinion of the court in the case of McHenry v. State, ante., 562. The case was this: A legislative act authorized the electors of Coahoma county to decide by an election whether or not the county seat should be changed. An election was ordered and held, resulting, as was understood, in a majority of the votes being cast against the removal, but before the result was officially declared the plaintiff began this suit for a writ of prohibition to prevent the election officers declaring the result and a mandamus to require the board of supervisors to order and cause to be held another election both writs being asked because of alleged frauds and irregularities in the election held.
The defendants, appellees, demurred to the petition for the writs; the court below sustained the demurrer and dismissed the suit.
The statute under which the election was held contained no provision for contesting the result. The Revised Code 1880 in force when the election was held, contained a chapter, No. 70, on "Mandamus," §§ 2542-2551, specifying the cases to which the remedy was applicable and providing procedure for its enforcement. Thereafter, and before the election, the Legislature passed an act, approved February 10, 1886, providing, "That ch. 70 of the Code of 1880, be and the same is hereby amended so that the words 'or prohibition' shall be inserted after the word 'mandamus' wherever the same occurs, both in the title and in the several sections composing said ch. 70, Code 1880, and that this act take effect and be in force from and after its passage."
Affirmed.
Edward Mayes and Harris & Chalmers, for appellant.
Calhoon & Green, for appellees.
It may be that, as no provision was made by the Legislature for contesting the election, it cannot be done; but,...
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State ex rel. Donnell v. Osburn
... ... (a) Mandamus will issue to a ... canvassing officer or canvassing board to canvass the ... election returns certified to them, and to declare the ... 17; ... State of Mississippi v. Board of Supervisors of Coahoma ... County, 91 Miss. 582, 44 So. 831, 16 L. R. A. 1066; ... ...
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State ex rel. Patterson v. Board of Sup'rs of Prentiss County
...1062, and in Native Lumber Co. v. Board of Supervisors of Harrison County, 89 Miss. 171, 42 So. 665, and in State v. Board of Supervisors of Coahoma County, 91 Miss. 582, 3 So. 143, the election commissioners were charged with fraud. In all three cases, it was held that the courts could not......