Harrison v. Greaves
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County.' Hon. S. S. Calhoon, Judge. At a municipal election in January, 1882, the appellee, whose name was upon ninety-four scraps of envelopes and other paper used as tickets, was returned as elected, was commissioned and assumed the office of mayor of the town of Edwards in Hinds County, and the appellant, an opposing candidate, whose name was on thirty-six tickets conforming to Code 1880, § 13T, sought to oust him as a usurper upon…
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Appeal from the Circuit Court of Hinds County.' Hon. S. S. Calhoon, Judge. At a municipal election in January, 1882, the appellee, whose name was upon ninety-four scraps of envelopes and other paper used as tickets, was returned as elected, was commissioned and assumed the office of mayor of the town of Edwards in Hinds County, and the appellant, an opposing candidate, whose name was on thirty-six tickets conforming to Code 1880, § 13T, sought to oust him as a usurper upon the grounds that he was not elected and that he represented this county in the State legislature. The petition which…
1Opinion of the CourtCampbell, J.
Section 137 of the Code of 1880 does not apply to a municipal election held for the election of the officers of a town, unless made applicable by its charter.
The appellant was not elected, and therefore he has no right to maintain this action. The right of the appellee to hold the office cannot be contested in this proceeding by the appellant, who has no more interest in the matter than any other citizen. The State by its proper officer might institute a proceeding to oust the appellee, but a private person may not, except to assert a right in himself to the office.
Judgment affirmed.
2Cited by2 opinions
- Garrett v. LondonSupreme Court of Oklahoma · 1924
- Shines v. HamiltonMississippi Supreme Court · 1905