Legal Opinion

State ex rel. Booze v. Cresswell

Mississippi Supreme Court

Decided March 15, 1918PublishedCited by 11 opinions

Appeal from the circuit court of Bolivar county. HoN. W. A. AlcoeN, Jr., Judge. Quo Warranto by the state on the relation of E. P. Booze against B. F. Cresswell. From an order sustaining defendant’s demurrer to complaint, relator appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Bolivar county. HoN. W. A. AlcoeN, Jr., Judge. Quo Warranto by the state on the relation of E. P. Booze against B. F. Cresswell. From an order sustaining defendant’s demurrer to complaint, relator appeals. The facts are fully stated in the opinion of the court. It is first argued that chapter 190, Laws of 1908 is not applicable to the facts of this case, because the same undertakes to amend section 8459, Mississippi Code of 1906, relating to “officers.” This is a total misconception of the purpose of chapter 190, of the Laws of 1908. In the first place,…

1Opinion of the Court

Cook P. J.

delivered the opinion of the court.

The appellant, E. P. Booze, was the relator in a quo ivarrnnlo proceeding to test the title to the office of mayor of the town of Mound Bayou. The petition gives the court to understand that the áppellee, B. H. Cresswell, was the mayor of the town of Mound Bayou, and that five other named persons were, together with the said Cresswell, the acting hoard of mayor and aldermen of said town during the year 1916. Summarized, the petition further avers that the aforesaid •hoard of mayor and aldermen failed to order an election to he held in the month of…

2Cases cited3 opinions

  1. State ex rel. Attorney General v. McDowellMississippi Supreme Court · 1916
  2. State ex rel. Doolittle v. HaysMississippi Supreme Court · 1907
  3. Board of Mayor of Waveland v. MoreauMississippi Supreme Court · 1915

3Cited by11 opinions

  1. Tuck v. BlackmonMississippi Supreme Court · 2001
  2. Brumfield v. BrockMississippi Supreme Court · 1932
  3. Belk v. BeanMississippi Supreme Court · 1971
  4. State Ex Rel. Parks v. TuceiMississippi Supreme Court · 1936
  5. United States Fidelity & Guaranty Co. v. HigdonMississippi Supreme Court · 1959

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