Rich v. McLaurin
Mississippi Supreme Court
From tbe corcuit court of, second district, Perry county. Hon. John B. Enochs, - Judge. McLaurin, district attorney, appellee, suing on tbe relation of one William H. Cook, was plaintiff in tbe court below; Bich, appellant, was defendant there. Tbe action was a quo warranto to recover possession of tbe office of police justice of tbe city of Hattiesburg. Bich was mayor of tbe city in 1901 and 1902, and acted as police justice by virtue of being mayor.
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From tbe corcuit court of, second district, Perry county. Hon. John B. Enochs, - Judge. McLaurin, district attorney, appellee, suing on tbe relation of one William H. Cook, was plaintiff in tbe court below; Bich, appellant, was defendant there. Tbe action was a quo warranto to recover possession of tbe office of police justice of tbe city of Hattiesburg. Bich was mayor of tbe city in 1901 and 1902, and acted as police justice by virtue of being mayor. He was re-elected mayor for tbe years 1903 and 1904. Hattiesburg has more than 4,000 inhabitants. On tbe first Tuesday in January, 1903, tbe…
1Opinion of the CourtWhitfield, C. J.
The office of police justice is not one of those provided for in § 2940, . Code 1892. It is separate and distinctive, created by § 3001 of that code in cities having 4,000 or more inhabitants, Hattiesburg is such a city. A police justice is therefore elected by the board known as the “Mayor and Board of Aldermen.” It is not provided anywhere in the code chapter on “municipalities” how he should be elected. He may be elected in such proper mode, therefore, as the board of mayor and aldermen may choose. 1 Dillon on Municipal Corporations (4th ed.), sec. 212.
Cook was elected police justice in…
2Cases cited1 opinion
- State ex rel. Bourgeois v. LaizerMississippi Supreme Court · 1899
3Cited by9 opinions
- City of Madison v. ShanksMississippi Supreme Court · 2000
- Edwards v. WeeksMississippi Supreme Court · 1994
- State ex rel. Walker v. WagnerIndiana Supreme Court · 1907
- Wagner v. State ex rel. WalkerIndiana Supreme Court · 1910
- Scott v. StaterMississippi Supreme Court · 1997
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