Legal Opinion

Yerger v. State ex rel. Brown

Mississippi Supreme Court

Decided October 15, 1907PublishedCited by 13 opinions

Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. The state of Mississippi by its attorney-general, on the relation of James. Brown, appellee, was plaintiff in the court below; Yerger, appellant, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to the supreme court. The proceeding was by quo warranto to determine the right of Yerger to the office of clerk of the board of trustees of the state penitentiary.

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Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. The state of Mississippi by its attorney-general, on the relation of James. Brown, appellee, was plaintiff in the court below; Yerger, appellant, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to the supreme court. The proceeding was by quo warranto to determine the right of Yerger to the office of clerk of the board of trustees of the state penitentiary. The defendant demurred to the information, but the- demurrer was overruled. Defendant declined to plead further and final…

1Opinion of the Court

Mayes, L,

delivered the opinion of the court.

This is a quo warranto, brought by the attorney-general of *812the state, on relation of James Brown. The facts stated in the petition are as follows, viz.:

It is alleged that under the laws of the state of Mississippi the board of trustees of the penitentiary was constituted on the 1st day of January, 1907. On that date the relator was elected secretary and clerk of the board as provided by law;, that he held his office from the 1st day of January, 1907, until the 31st day of December of the same year, when the term of office for which he had been…

2Cases cited14 opinions

  1. Shelby v. AlcornMississippi Supreme Court · 1858
  2. State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
  3. Hallgren v. CampbellMichigan Supreme Court · 1890
  4. Biddle v. WillardIndiana Supreme Court · 1858
  5. Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1898

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. TraylorMississippi Supreme Court · 1911
  2. McCaw v. TurnerMississippi Supreme Court · 1921
  3. Stokes v. NewellMississippi Supreme Court · 1936
  4. Warburton-Beacham Supply Co. v. City of JacksonMississippi Supreme Court · 1928
  5. State ex rel. Brown v. ChristmasMississippi Supreme Court · 1921

8 more not listed; retrieve them via the Exa API.

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