Lester v. Miller
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. F. A. Montgomery, Judge. Lester, the appellant, was plaintiff in the court below.
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From the circuit court of Sunflower county. Hon. F. A. Montgomery, Judge. Lester, the appellant, was plaintiff in the court below. The case arose from the following facts: In 1893 a petition for a local option election, signed by a goodly number of the qualified electors of Sunflower county, was presented to the board of supervisors of that county; the election was ordered; commissioners to hold the same appointed; the election held, resulting “ against the sale ’ ’ of intoxicating liquors. This result was duly returned and properly recorded. In 1898 appellant, Lester, presented a petition…
1Opinion of the CourtWoods, C. J.
The five assignments of error, as well as the several pleadings in the court below and the action of that court, present really but one question, viz., was the proceedings of the board of supervisors in ordering the local option election void by reason of the failure of the record made by the board in such proceedings to show that the petition upon which the election was ordered was signed by one-third of the qualified electors of the county ?
That the board of supervisors was exercising a limited and special jurisdiction, or authority, in ordering the election, is well settled by the…
2Cases cited3 opinions
- Ferguson v. Board of SupervisorsMississippi Supreme Court · 1893
- Harris v. StateMississippi Supreme Court · 1895
- Bolivar County v. ColemanMississippi Supreme Court · 1894
3Cited by5 opinions
- Lake v. PerryMississippi Supreme Court · 1909
- Gill v. WoodsMississippi Supreme Court · 1969
- Green v. Board of Sup'rsMississippi Supreme Court · 1935
- Henry v. Board of SupervisorsMississippi Supreme Court · 1916
- Stewart v. Cybur Lumber Co.Mississippi Supreme Court · 1916