Lizano v. City of Pass Christian
Mississippi Supreme Court
Peom the circuit court of Harrison county. HoN. Wilxiam H. Haedt, Judge. The city of Pass Christian, appellee, was plaintiff in the court below; Lizano, appellant, was defendant there. Prom a judgment of the circuit court affirming the action of the municipality in removing defendant from the office of marshal,, defendant appealed to the supreme court.
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Peom the circuit court of Harrison county. HoN. Wilxiam H. Haedt, Judge. The city of Pass Christian, appellee, was plaintiff in the court below; Lizano, appellant, was defendant there. Prom a judgment of the circuit court affirming the action of the municipality in removing defendant from the office of marshal,, defendant appealed to the supreme court. The city of Pass Christian is governed by chapter 99 of the Code of 1906. Under an ordinance of the city, purporting to be pursuant to Code 1906, § 3332, the mayor and board of aldermen removed appellant from the marshalship- of. the city, he…
1Opinion of the CourtMayes, J.
As the law now stands, in so far as it authorizes a removal of this character of public officer, section 175 of the constitution of 18901 of the state provides the exclusive mode, where the removal is sought on a charge of wilful neglect of duty, or misdemeanor in office. Under the above section the sine qua non to removal is presentment or indictment by the grand jury and conviction, before there can be any removal on account of the things named in the above section, to wit, wilful neglect of duty or misdemeanor in office. The appellant is a city marshal, elected by the popular vote of the…
2Cases cited2 opinions
- Hyde v. StateMississippi Supreme Court · 1876
- Ex parte LehmanMississippi Supreme Court · 1883
3Cited by15 opinions
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- State ex rel. Green v. CollisonSuperior Court of Delaware · 1938
- Myers v. City of McCombMississippi Supreme Court · 2006
- State v. HendersonMississippi Supreme Court · 1933
- Turner v. RamseySupreme Court of Oklahoma · 1917
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