Beverly v. City of Hattiesburg
Mississippi Supreme Court
From tbe circuit court of, second district, Perry county. HoN. John R. Ehochs, Judge. The district attorney, suing on the relation of the city of Hattiesburg, appellee, was plaintiff, and Beverly, appellant, was defendant, in the court below. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The case turned wholly on the sufficiency of the information, in the nature of a quo warranto, to which defendant’s demurrer was overruled.
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From tbe circuit court of, second district, Perry county. HoN. John R. Ehochs, Judge. The district attorney, suing on the relation of the city of Hattiesburg, appellee, was plaintiff, and Beverly, appellant, was defendant, in the court below. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The case turned wholly on the sufficiency of the information, in the nature of a quo warranto, to which defendant’s demurrer was overruled. The petition avers that the city of Hattiesburg is a municipal corporation operating under the provisions of ch. 93 of the code of 1892,…
1Opinion of the CourtOalhooN, J.
The demurrer to the information in the quo warranto proceeding was properly overruled. The information was in the name of the state, by the proper district attorney, on the relation of the city of Hattiesburg, to oust a policeman alleged to be a usurper of that office. Code 1892, § 3521. The relator in such proceeding need not necessarily be an individual. A municipal corporaton, empowered to sue and liable to be sued, may be the relator, and, in the case before us, ought to be.
*624The abjection that the information does not specifically aver that the office usurped was created before the date…
2Cited by3 opinions
- State ex rel. Northwestern Colonization & Improvement Co. v. HullerNew Mexico Supreme Court · 1918
- State Ex Rel. City of St. Petersburg v. NoelSupreme Court of Florida · 1934
- State ex rel. Northwestern Colonization & Improvement Co. v. HullerNew Mexico Supreme Court · 1918