Legal Opinion

Brady v. Howe

Mississippi Supreme Court

Decided October 15, 1874PublishedCited by 36 opinions

Error to the Circuit Court of Panola County. Hon. E. S. Eisher, Judge. This was an information in the nature of quo warranto, filed by M. O. Brady, district attorney, against William W. Howe, to inquire by what authority he holds and uses the office of clerk of the chancery court and clerk of the board of supervisors of Panola county.

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Error to the Circuit Court of Panola County. Hon. E. S. Eisher, Judge. This was an information in the nature of quo warranto, filed by M. O. Brady, district attorney, against William W. Howe, to inquire by what authority he holds and uses the office of clerk of the chancery court and clerk of the board of supervisors of Panola county. The information assigns two grounds why defendant does not lawfully hold said offices, to-wit: 1. That the defendant was never legally elected or appointed to the said offices; and, 2. That said defendant, while treasurer of Panola county, during the years 1872…

1Opinion of the CourtSimrall, J.

This was a proceeding by information in the nature of quo warranto, challenging the right of the respondent, William W. Howe, to the office of chancery clerk of Panola county, and ex officio clerk of the board of supervisors.

Two specific grounds are set forth in the information why the respondent does not legally hold the office.

First. That he was neither legally elected nor appointed thereto.

Second, That while treasurer of Panola county, during the *615years 1872 and 1873, he unlawfully retained to his own use, and for his own benefit, large sums of money, to wit: $55432 of the ■common county…

2Cases cited9 opinions

  1. People v. TiltonCalifornia Supreme Court · 1869
  2. Spalding v. KincaidTennessee Supreme Court · 1850
  3. People ex rel. Wetherbee v. CazneauCalifornia Supreme Court · 1862
  4. Newsom v. CockeMississippi Supreme Court · 1870
  5. Cooper v. MooreMississippi Supreme Court · 1870

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3Cited by36 opinions

  1. In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
  2. People v. ShawyerWyoming Supreme Court · 1924
  3. People ex rel. Marshall v. LeonardCalifornia Supreme Court · 1887
  4. State ex rel. Robert v. MurphySupreme Court of Florida · 1893
  5. Bird v. StateMississippi Supreme Court · 1929

31 more not listed; retrieve them via the Exa API.

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