Kelly v. State ex rel. Kierskey
Mississippi Supreme Court
From the circuit court of Warren county, trial in vacation. HoN. K. H. ThompsoN, Special Judge. The state, on the relation of Kierskey, appellee, was the plaintiff, and Kelly, appellant, was defendant in the court below. On December 4, 1900, an election was held in Vicksburg for the purpose of choosing city officials to serve for four years from the second Monday of January, 1901, as provided by the city charter.
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From the circuit court of Warren county, trial in vacation. HoN. K. H. ThompsoN, Special Judge. The state, on the relation of Kierskey, appellee, was the plaintiff, and Kelly, appellant, was defendant in the court below. On December 4, 1900, an election was held in Vicksburg for the purpose of choosing city officials to serve for four years from the second Monday of January, 1901, as provided by the city charter. Among other offices to be filled was that of city assessor and tax collector, and for this office there were two candidates, Kierskey, the relator in this proceeding, and' Kelly, the…
1Opinion of the CourtTerral, J.
If, under the laws of this state, the object of the contest here made is to determine whether the relator or the defendant received a majority of the legal votes cast for the office of assessor and tax collector of the city of Vicksburg, we think the decision made by the court below must be reversed; for the record distinctly discloses that the defendant below offered to allege and show that three certain votes, to wit, those of Bowman, Gillian, and Martin, cast and counted for the relator, were illegal — illegal because two of said persons did not, at the time of the election, reside within…
2Cited by11 opinions
- O'NEAL v. SimpsonMississippi Supreme Court · 1977
- Tonnar v. WadeMississippi Supreme Court · 1929
- Trahan v. SimmonsMississippi Supreme Court · 1941
- Simmons v. CrislerMississippi Supreme Court · 1944
- Starnes v. MiddletonMississippi Supreme Court · 1955
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