Roach v. Tallahatchie County
Mississippi Supreme Court
From the circuit court of Tallahatchie county. Hon. Frank E. Larkin, Judge. Roach, the appellant, was plaintiff in the court below, Tallahatchie county was defendant there.
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From the circuit court of Tallahatchie county. Hon. Frank E. Larkin, Judge. Roach, the appellant, was plaintiff in the court below, Tallahatchie county was defendant there. The board of supervisors of the county ordered a local option election under the dram-shop chapter of the code; Roach desiring to appeal from the order for the election, presented a bill of exceptions to the president of the board of supervisors, embodying, as he averred, the evidence upon which the board' acted in directing the election. This bill the president refused to sign, and thereupon Roach obtained the signatures…
1Opinion of the CourtCalhoon, J.
On. appeals from the action of boards of supervisors code, §79, requires that bills of exceptions “ shall be signed by the person acting as president. ’ ’ In the case at bar that officer refused to sign the bill, whereupon Mr. Roach, the appellant, did not proceed by mandamus, as he might have done, to compel a signature, but had it signed by two disinterested attending counsel, under code, § 737. The circuit court on the county’s motion, struck out the bill of exceptions. This action was proper under the law. Section 737 does not apply because by reading it and preceding sections from § 733,…
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