Legal Opinion

McClure v. Whitney

Mississippi Supreme Court

Decided March 15, 1919No. 20697PublishedCited by 6 opinions

Appeal from the circuit court of Alcorn county. HoN. E. E. Jacksoh, Judge. Proceeding in quo warranto by James McClure against P. D. Whitney. Petition dismissed and plaintiff appeals. The facts are fully stated in the opinion of the court. By the appointment of McClure in 1916 for a term of four years under the. unbroken line of decisions of this state for sixty years, he then and thereby became a public officer.

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Appeal from the circuit court of Alcorn county. HoN. E. E. Jacksoh, Judge. Proceeding in quo warranto by James McClure against P. D. Whitney. Petition dismissed and plaintiff appeals. The facts are fully stated in the opinion of the court. By the appointment of McClure in 1916 for a term of four years under the. unbroken line of decisions of this state for sixty years, he then and thereby became a public officer. In the case of Monetie v. State, 91 Miss., 670, Justice Mayes, in delivering the opinion of .the court, says as follows: “We have no hesitancy in declaring that a policeman is an…

1Opinion of the CourtEthridge, J.

The appellants brought a proceeding in quo warranto to recover possession of an alleged office as secretary *371and treasurer of the Alcorn Agricultural and Mechanical College, alleging that he is the duly elected secretary and treasurer for a term of four years beginning' on the 1st day of July, 1916, and further alleged that on the 25th day of September, 1918, the defendant took possession of said office and had been in the possession of said office and the discharge of his duties up to the time of the filing of the petition, and that his holding and executing the functions of said office is…

2Cases cited8 opinions

  1. Shelby v. AlcornMississippi Supreme Court · 1858
  2. Lizano v. City of Pass ChristianMississippi Supreme Court · 1910
  3. Thompson v. StateMississippi Supreme Court · 1907
  4. Yerger v. State ex rel. BrownMississippi Supreme Court · 1907
  5. State ex rel. Kierskey v. KellyMississippi Supreme Court · 1902

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3Cited by6 opinions

  1. National Labor Relations Board v. Natchez Trace Electric Power AssociationCourt of Appeals for the Fifth Circuit · 1973
  2. Golding, State Auditor v. ArmstrongMississippi Supreme Court · 1957
  3. Glover v. City of ColumbusMississippi Supreme Court · 1944
  4. Courville v. Globe Indemnity Co.Louisiana Court of Appeal · 1953
  5. State Ex Rel. Garrison v. McLaurinMississippi Supreme Court · 1930

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

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