Swan v. Gray
Mississippi Supreme Court
Error to the circuit court of Newton county. Leachman, J. The plaintiff in error assigns the following errors: 1st. The court below erred in overruling the demurrer to relator’s petition for mandamus. 2d. The court erred in refusing to allow the return and answer to be filed on the overruling of the demurrer. 3d. The court erred in overruling a peremptory mandamus.
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Error to the circuit court of Newton county. Leachman, J. The plaintiff in error assigns the following errors: 1st. The court below erred in overruling the demurrer to relator’s petition for mandamus. 2d. The court erred in refusing to allow the return and answer to be filed on the overruling of the demurrer. 3d. The court erred in overruling a peremptory mandamus. This was a proceeding begun in the circuit court of Newton county, in term time, by a petition for a writ of mandamus by the the defendant in error, against the plaintiff in error, to compel him, as clerk of the chancery court of…
1Opinion of the Court
PeytoN, C. J.:
This, was an application for a writ of mandamus. The relator, A. E. Gray, states in his petition, that on the 15th day of June, 1870, he was duly and legally appointed sheriff of Newton county, and that he presented his bonds as such sheriff and tax-collector for the proper amounts, with good and sufficient sureties therein, to O. S. Swan, clerk of the chancery -court of said county, for his approval, who refused to approve the same.
To this petition the defendant, 0. S’. Swan, demurred, on on the ground that the petition does not show that the appli*396cant is entitled to the relief…
2Cases cited5 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Decatur v. PauldingSupreme Court of the United States · 1840
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Ex Parte Jesse HoytSupreme Court of the United States · 1839
- United States v. TRIGG, ADMINISTRATORSupreme Court of the United States · 1837
3Cited by24 opinions
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- American Book Co. v. VandiverMississippi Supreme Court · 1938
- State ex. rel. Dakota Trust Co. v. StutsmanNorth Dakota Supreme Court · 1912
- Board of Commissioners v. JohnsonIndiana Supreme Court · 1890
- Shotwell v. CovingtonMississippi Supreme Court · 1892
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