Mississippi State Board of Health v. Mathews
Mississippi Supreme Court
Appeal from the chancery court of Hinds county. Hon. O. B. Taylor, Chancellor. Bill by W. T. Mathews against the Mississippi State Board of Health. From a decree for complainant, defendant appeals. The appellee, who was complainant in the court below, filed a bill in chancery seeking to enjoin the Mississippi State Board of Health from putting into effect an order passed by said board removing him from the office of county health officer of Leflore county.
Read the full summary
Appeal from the chancery court of Hinds county. Hon. O. B. Taylor, Chancellor. Bill by W. T. Mathews against the Mississippi State Board of Health. From a decree for complainant, defendant appeals. The appellee, who was complainant in the court below, filed a bill in chancery seeking to enjoin the Mississippi State Board of Health from putting into effect an order passed by said board removing him from the office of county health officer of Leflore county. Appellee had been chosen as county health officer for a term of two years beginning July 1, 1915, under the provisions of section 2491 of…
1Opinion of the Court
Smith,. C. J.,
delivered the opinion of the court.
Section 175 of our state Constitution provides the exclusive method by which a public officer may be re-moyed from office. Runnels v. State, Walk. 146; Hyde v. State, 52 Miss. 665; Ex parte Lehman, 60 Miss. 967; Lizano v. City of Pass Christian, 96 Miss. 640, 50 So. 981; Mayor, etc., Jackson v. State, 102 Miss. 663, 59 So. 873, Ann. Cas. 1915A, 1213. Consequently, section 2490, Mississippi Code of .1906, in so far as it authorizes *527the State Board of'Health to remove a county health officer, is void.
The cases of State v. McDowell, 111 Miss. 596,…
2Cases cited6 opinions
- Mayor of Jackson v. StateMississippi Supreme Court · 1912
- Hyde v. StateMississippi Supreme Court · 1876
- Lizano v. City of Pass ChristianMississippi Supreme Court · 1910
- Ex parte LehmanMississippi Supreme Court · 1883
- Ware v. State ex rel. PooleMississippi Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. HendersonMississippi Supreme Court · 1933
- Board of Mississippi Levee Com'rs v. KellnerMississippi Supreme Court · 1940
- McClure v. WhitneyMississippi Supreme Court · 1919
- McMullan v. StateMississippi Supreme Court · 1974
- Walter Jones v. The City of Canton, MississippiMississippi Supreme Court · 2019