Board of Supervisors v. Leigh
Mississippi Supreme Court
From the circuit court of Lowndes county. Hon. Lock E. Houston, Judge. The board of supervisors of Lowndes county presented a petition to the Hon. J. A. P. Campbell, one of the judges of the supreme court, alleging that on the 28th of September, 1891, Mat McGee, a negro woman, died a pauper in Lowndes county, leaving two minor children, paupers, aged respectively six and eight years; that at the October term, 1891, of the board of supervisors of said county, there was a…
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From the circuit court of Lowndes county. Hon. Lock E. Houston, Judge. The board of supervisors of Lowndes county presented a petition to the Hon. J. A. P. Campbell, one of the judges of the supreme court, alleging that on the 28th of September, 1891, Mat McGee, a negro woman, died a pauper in Lowndes county, leaving two minor children, paupers, aged respectively six and eight years; that at the October term, 1891, of the board of supervisors of said county, there was a controversy before said board between F. M. Leigh and wife, M. B. Leigh, on one side, and M. McGee Snell ’on the other-, for…
1Opinion of the CourtCampbell, C. J.
The return “notfound” made the writ of habeas corpus in this case a failure, and the court should not have proceeded further with the case until it had secured the bodies of the children. Especially should it not have permitted the appellees to be heard until relieved of the suspicion, created by the allegations of the petition, coupled with the return made by the sheriff, that the children had been removed or concealed to evade the writ. The proper procedure would have been to issue a writ, directed to the defendants, requiring them to produce the bodies, or show to the satisfaction of the…
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