State ex rel. Boone v. Metts
Mississippi Supreme Court
Appeal from circuit court of Lafayette county. Hon. W. A. Roane, Judge. Quo warranto by the state, on the relation of O. B. Boone and others, against T. J. Metts and others. Judgment for defendants on demurrer, and relators appeal. No brief found in the record for either side.
1DissentEthridge, J.
I am unable to agree with the majority, and base my disagreement upon tAvo propositions: 'First, that the classification of cities is a political question entirely for the determination tof< the political department of the government, which action is* not subject to review by the judicial department; and, second, if mistaken in this position, that the petition for quo war-ranto and the proclamation attached thereto, to which a demurrer Avas sustained, states a cause of action, and, if any defense,can be made to it, or any attack made upon the classification, it must be done by pleading the…
2Cases cited22 opinions
- Luther v. BordenSupreme Court of the United States · 1849
- Oceanic Steam Navigation Co. v. StranahanSupreme Court of the United States · 1909
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
- Pacific States Telephone & Telegraph Co. v. OregonSupreme Court of the United States · 1912
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
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