Turnipseed v. Hudson
Mississippi Supreme Court
Error to the Circuit Court of Winston County. Hon. J. A. Orr, Judge. The facts of this case are very fully set out in the opinion of the court.
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Error to the Circuit Court of Winston County. Hon. J. A. Orr, Judge. The facts of this case are very fully set out in the opinion of the court. The only question involved in this case is, did the agreement-between the parties, accompanied by the voluntary surrender of the office in January, 1874, operate as an abandonment thereof, and estop the plaintiff in error from asserting bis rights as the lawful clerk of Winston county ? The election law of April, 1873, has been pronounced unconstitutional by this court, and the defendant in error .is not the clerk of said county. He has nothing, but…
1Opinion of the Court
Tarbell, J.,
delivered the following opinion:
*434This is a contest to determine the right to the office of chancery clerk of Winston county. Turnipseed was elected to the office in ■1871, for the full term of four years. Hudson was elected to the same office in November, 1873, under the act of April 21 of that year. The act referred to having been declared unconstitutional, and the election thereunder null and void, the right of Hudson rests upon the statements contained in his fifth plea to the information filed by Turnipseed. The material averments of that plea are these: That in accordance with…
2Cases cited7 opinions
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- Cummings v. ClarkSupreme Court of Vermont · 1843
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