Cooper v. Moore
Mississippi Supreme Court
Appeal from the chancery court of Choctaw county. Cop-pee, J. Appellant assigns for error, that the court erred in oyer-ruling the demurrer of the defendant to complainant’s bill.
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Appeal from the chancery court of Choctaw county. Cop-pee, J. Appellant assigns for error, that the court erred in oyer-ruling the demurrer of the defendant to complainant’s bill. This was a bill filed to enjoin the execution of a judgment, on the ground that Clifford, the judge presiding, was not judge of'said court; because, being an appointee of General Ames, his office was vacated by the adoption of the new constitution of 1868. The judgment was rendered on the 31st of March, 1870. The constitution of 1868 was approved by congress, 23d February, 1870. The act organizing the circuit…
1Opinion of the Court
Simrall, J.:
Judgment was rendered March 31, 1870, against the appellant, in the circuit court of Choctaw county, the presiding judge being an appointee of the late military commandant of this district.
It is assigned for error that judgment is void, and, therefore, the injunction restraining its execution, ought to have been made perpetual.
The objection made in the bill is that, upon the'adoption of the constitution, the functions of the circuit judges then in office by the military appointment, immediately ceased, and all their judicial acts are null and void.
The constitution was adopted in…
2Cases cited4 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Shelby v. AlcornMississippi Supreme Court · 1858
3Cited by11 opinions
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- Brady v. HoweMississippi Supreme Court · 1874
- Jackson Redevelopment Authority v. King, Inc.Mississippi Supreme Court · 1978
- Hildreth v. HeathAppellate Court of Illinois · 1878
- Rosetto v. City of Bay St. LouisMississippi Supreme Court · 1910
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