Cohn v. Beal
Mississippi Supreme Court
Appeal from the Circuit Court of. Lawrence County. Hon. A. G. Mayers, Judge. 1. It does not do to argue that a woman cannot lawfully hold an office, for the statute was intended to and by its terms applies to persons unlawfully in possession of offices.
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Appeal from the Circuit Court of. Lawrence County. Hon. A. G. Mayers, Judge. 1. It does not do to argue that a woman cannot lawfully hold an office, for the statute was intended to and by its terms applies to persons unlawfully in possession of offices. Its language is, “ whether such person be lawfully entitled.” 2. Of course, where an officer brings a suit to a recovery in which he is only entitled by reason of being such officer, the question is a different one from that now before the court. Shelby v. Aleorn, 36 Miss. 273, and' Matthews v. Supervisors, 53 Miss. 716, are suits of the…
1Opinion of the CourtChalmers, J.
This is mandamus by the holder of school warrants against the county treasurer to compel payment of them.
The pleadings evoked by the suit were unnecessarily prolix and protracted, but finally resulted in developing this defense, to wit: that the warrants sued upon were based upon pay certificates granted by one Mrs. Belle V. Fairman, who, being a woman, was, under the constitution and laws of this State, ineligible to hold any office, but who had, in fact, nevertheless, pretended to be county superintendent of education, and under such assumption had issued pay certificates to the teachers of…
2Cited by7 opinions
- Crawford v. Saunders Bro.Court of Appeals of Texas · 1894
- Day v. McCandlessMississippi Supreme Court · 1932
- Johnson v. Manhattan Ry. Co.District Court, S.D. New York · 1932
- State ex rel. School District v. DortonSupreme Court of Missouri · 1898
- Dienstag v. FaganSupreme Court of New Jersey · 1907
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