Hyde v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Olarlce County. Hon. James S. Hamm, Judge. The opinion of the court contains a very full statement of all the material facts in the case. It is assigned for error : 1. The court erred in rendering judgment of ouster against appellant, and deciding that he was not entitled to the office of sheriff of Clarke county. 2. In deciding there was a vacancy in the office of Clarke, county, and should have dismissed the proceedings.
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Appeal from the Circuit Court of Olarlce County. Hon. James S. Hamm, Judge. The opinion of the court contains a very full statement of all the material facts in the case. It is assigned for error : 1. The court erred in rendering judgment of ouster against appellant, and deciding that he was not entitled to the office of sheriff of Clarke county. 2. In deciding there was a vacancy in the office of Clarke, county, and should have dismissed the proceedings. Hyde, though failing to give a new bond, retained his office r 1. Upon the ground that the 7th section of the act of 1876 is a legislative…
1Opinion of the CourtChalmees, J.
This is an appeal from a judgment in quo warranto, declaring a vacancy in the sheriffalty of Clarke county. Appellant,. Hyde, was elected to the office of sheriff of said county at the general election in 1875, and qualified by taking the oath prescribed by the constitution, and by executing the separate bonds as sheriff and as tax collector required by the laws then in force, which laws provided, among other things, that the-*670bond to be given as tax coUector should be in one-half the . amount of the tax assessment of the year preceding its exe- ■ cution.
After the execution of these bonds by…
2Cases cited4 opinions
- The People v. . DevlinNew York Court of Appeals · 1865
- Turpen v. Board of CommissionersIndiana Supreme Court · 1855
- Benford v. GibsonSupreme Court of Alabama · 1849
- State v. SmedesMississippi Supreme Court · 1853
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- State Ex Rel. Holmes v. GriffinMississippi Supreme Court · 1995
- Johnson v. ReevesMississippi Supreme Court · 1916
- State v. LlewellynNew Mexico Supreme Court · 1917
- Manning v. HarlanCourt of Appeals of Texas · 1938
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