Power v. Ratliff
Mississippi Supreme Court
Appeal from the chancery court of Hinds connty. HoN. O. B. Taylor, Chancellor. Bill by W. T. Bailiff: and another against Joseph W.. Power, secretary of state, consolidated with a hill by J. M. Cade against the same defendant. From an order denying dissolution of a temporary injunction granted complainants, defendant appeals.
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Appeal from the chancery court of Hinds connty. HoN. O. B. Taylor, Chancellor. Bill by W. T. Bailiff: and another against Joseph W.. Power, secretary of state, consolidated with a hill by J. M. Cade against the same defendant. From an order denying dissolution of a temporary injunction granted complainants, defendant appeals. W. T. Batliff and J. M. Sullivan, .citizens of Hinds county and taxpayers of the state, appellees in one of the above-styled causes, prayed for and obtained an injunction against J. W. Powers, secretary of state, restraining him from acting upon certain petitions filed…
1Opinion of the CourtSteveNS, J.
(After stating the facts as above). Lying upon the threshold of this case is the question whether equity has jurisdiction to enjoin the secretary of state from taking the steps necessary to refér the several acts of the legislature to an election by the people. While the answer denies that complainants have the right to the injunction prayed for and granted, this particular question was not stressed by counsel in the arguments before us, and we might, therefore, well preface our remarks in the language of the Oklahoma court in McAlester v. Milwee:
“They (counsel) are so anxious to have this…
2Cases cited15 opinions
- New Orleans Water Works Co. v. New OrleansSupreme Court of the United States · 1896
- Crawford v. GilchristSupreme Court of Florida · 1912
- Fletcher v. TuttleIllinois Supreme Court · 1894
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
- State ex rel. Cranmer v. ThorsonSouth Dakota Supreme Court · 1896
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3Cited by29 opinions
- Wilkinson v. HenrySupreme Court of Alabama · 1930
- Power v. RobertsonMississippi Supreme Court · 1922
- Hughes v. HosemannMississippi Supreme Court · 2011
- Barnes v. McLeodMississippi Supreme Court · 1932
- State v. AlbrittonSupreme Court of Alabama · 1948
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