Legal Opinion

State ex rel. Bourgeois v. Laizer

Mississippi Supreme Court

Decided March 15, 1899PublishedCited by 4 opinions

From the circuit court of Hancock county. HoN. Tiiaddeus A. Wood, Judge. The state, ex. rel., Bourgeois, appellant, was the plaintiff in the court below; Laizer, appellee, was defendant there. The opinion states the case.

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From the circuit court of Hancock county. HoN. Tiiaddeus A. Wood, Judge. The state, ex. rel., Bourgeois, appellant, was the plaintiff in the court below; Laizer, appellee, was defendant there. The opinion states the case. The section of the code discussed by counsel is as follows: “3052 (400). Failure to qualify avoids election. — If any person elected to any office shall fail to qualify as required by latv, on or before the day of the commencement of his term of office, a vacancy in such office shall occur thereby, and it shall be filled in the manner prescribed by law for filling vacancies…

1Opinion of the CourtTisrbax, J.

This is a contest by the relator, Olns M. Bourgeois, against Edwin Laizer for the mayoralty of the town of Waveland, Hancock county; the relator alleges that on the first Tuesday of August, 1898, an election was held in said town at which he and Edwin Laizer were opposing condidates for mayor; that said election was duly held, and that the commissioners of election made a return to the mayor and aldermen of said town stating therein that the relator had received thirty votes, and Edwin Laizer had received thirty-one votes for mayor; that said return was false and fraudulent; and that in fact…

2Cited by4 opinions

  1. Lopez v. HollemanMississippi Supreme Court · 1954
  2. Rich v. McLaurinMississippi Supreme Court · 1903
  3. State ex rel. v. WhartonMississippi Supreme Court · 1913
  4. Carver v. State Ex Rel. RuhrMississippi Supreme Court · 1936

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