State ex rel. v. Wharton
Mississippi Supreme Court
State ex rel District Attorney v. Charles E. Wharton. Appeal from the circuit court of Claiborne county. Hon. H. C. Mounger, Judge. Quo warranto by the state on the relation of the district attorney against Charles E. Wharton. From a judgment dismissing the case, the state appeals.
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State ex rel District Attorney v. Charles E. Wharton. Appeal from the circuit court of Claiborne county. Hon. H. C. Mounger, Judge. Quo warranto by the state on the relation of the district attorney against Charles E. Wharton. From a judgment dismissing the case, the state appeals. The facts are fully stated in the opinion of the court. 1st. (a) An alderman under the charter of the town of Port Gibson must qualify by taking the oath of office,, written out and subscribed by him, which oath must be filed and safely kept among the records of the office of the clerk, (b) Am alderman must give…
1Opinion of the CourtCook, J.
This case was begun upon the relation of the district attorney, by quo warranto, to oust appellee from the office of alderman of Port Gibson. The relief sought by the petition was denied, and the cause dismissed by the circuit court, and the state appeals to this court.
Appellee was elected in December, 1910, to the office of alderman. The town of Port Gibson was being conducted under a special charter, and was not operating under the general laws governing municipalities. The charter of the town provided that the elected officers of the town shall qualify at any time before the first Monday…
2Cases cited4 opinions
- Launtz v. People ex rel. SullivanIllinois Supreme Court · 1885
- Andrews v. State ex rel. CovingtonMississippi Supreme Court · 1892
- Marshal v. HamiltonMississippi Supreme Court · 1866
- State ex rel. Bourgeois v. LaizerMississippi Supreme Court · 1899
3Cited by2 opinions
- State v. GriffinNew Jersey Superior Court Appellate Division · 1964
- Broom v. HenryMississippi Supreme Court · 1924