Hardee v. Gibbs
Mississippi Supreme Court
Error to the Circuit Court of 1st District of Hinds County. Hon. George F. Brown, Judge. The pleadings sufficiently appear in the opinion of the court. That the act of April 21st, 1873, which abolished the office of state engineer, was void and of no effect, because it was approved by the executive after the adjournment of the legislature.
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Error to the Circuit Court of 1st District of Hinds County. Hon. George F. Brown, Judge. The pleadings sufficiently appear in the opinion of the court. That the act of April 21st, 1873, which abolished the office of state engineer, was void and of no effect, because it was approved by the executive after the adjournment of the legislature. And that it can not be helped out by either of the silent modes of approval ; that is, by retaining it in his possession for five days during the session, or failing to return it within the three first days of the next session. Cushing on the Law and Pr. of…
1Opinion of the CourtPeyton, C. J.
On the 2d of December, 1873, Thomas S. Hardee filed his peti" tion in the circuit court of Hinds county, for the first district of said county for the writ of mandamus against Henry Musgrove, as auditor of public accounts, commanding him to issue a warrant for $200 dollars on the state treasurer, in favor of the said Thomas S. Hardee, or show cause why he does not issue it. The petition stated that as engineer of the state, he was legally entitled to the sum of two hundred dollars for one month’s salary, from the 15th day of March to the 15th day of April, 1873, and that a warrant on the…
2Cases cited2 opinions
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- Phillips v. BrandtSupreme Court of Minnesota · 1950
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