Shines v. Hamilton
Mississippi Supreme Court
From: the circuit court of Holmes county. Hon. A. MoC. Kimbrough, Judge.- Shines, tbe appellant, was plaintiff in the court below; Hamilton, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. To the petition, brought under Code 1892, § 3679, a demurrer was filed, heard, and sustained; and, contestant declining to amend, the petition was dismissed.
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From: the circuit court of Holmes county. Hon. A. MoC. Kimbrough, Judge.- Shines, tbe appellant, was plaintiff in the court below; Hamilton, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. To the petition, brought under Code 1892, § 3679, a demurrer was filed, heard, and sustained; and, contestant declining to amend, the petition was dismissed. The petition shows that the town of Durant is governed by the code chapter on municipalities and amendments thereto,- and that on the 13th day of December, 1904:, an election was held…
1Opinion of the CourtTruly, J.
Tbe contest was properly instituted. The cases of Easly v. Badenhausen, 59 Miss., 580; Harrison v. Greaves, 59 Miss., 453, and other cases decided prior to tbe adoption of tbe code of 1892, are not controlling at tbis time, at least- so far as relates to municipalities operating under tbe code chapter. Code 1892, § 3034 — a new provision enacted in full view of previous decisions — expressly provides that “all tbe provisions of law on tbe subject of state and county elections, so far as applicable, shall govern municipal elections,” and reference is thereby specially made to other code…
2Cases cited2 opinions
- Harrison v. GreavesMississippi Supreme Court · 1882
- Easly v. BadenhausenMississippi Supreme Court · 1882
3Cited by7 opinions
- State ex rel. Collins v. JacksonMississippi Supreme Court · 1919
- Briggs v. GautierMississippi Supreme Court · 1943
- Gregory v. SandersMississippi Supreme Court · 1943
- Liddell v. Municipality of NoxapaterMississippi Supreme Court · 1922
- State Ex Rel. Sowell v. GreerMississippi Supreme Court · 1930
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