Mayor of Vicksburg v. Rainwater
Mississippi Supreme Court
Error to the circuit court of Warren county. Brown, J. The opinion of the court presents all the facts of the case. When a discretion is left to an inferior tribunal, the writ of mandamus can only compel it to act. It can not control the discretion.
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Error to the circuit court of Warren county. Brown, J. The opinion of the court presents all the facts of the case. When a discretion is left to an inferior tribunal, the writ of mandamus can only compel it to act. It can not control the discretion. Rev. Code of 1871, § 1871; Swan v. Gray, 44 Miss. 393. Section 6 of the charter of Vicksburg, approved July 21, 1870, provides, “that the board of aldermen shall' be judges of the election and qualification of their own members; and the members of their respective boards may determine any vacancies or order new elections as may be requisite, and…
1Opinion of the Court
Tarbell, J.:
This is a proceeding by mandamus to compel the board of mayor and aldermen of the city of Vicksburg to grant to the petitioners a certificate of election as *548aldermen of said city. For this purpose, John Rainwater and Lee Stokes presented their petition to the Hon. Geo. F. Brown, judge of the circuit court of Warren county, setting forth that at a charter election for officers of said city, held on the 5th day of December, 1871, pursuant to the city charter, they were duly elected aldermen of the third ward thereof, and by a majority of the voters of said ward. They further…
2Cases cited1 opinion
- Swan v. GrayMississippi Supreme Court · 1870
3Cited by8 opinions
- State ex rel. Greaves v. HenryMississippi Supreme Court · 1905
- Board of Sup'rs v. LeeMississippi Supreme Court · 1927
- Scott v. State ex rel. GrotheSupreme Court of Florida · 1901
- City of Clarksdale v. HarrisMississippi Supreme Court · 1940
- Powe v. Forrest County Election CommissionMississippi Supreme Court · 1964
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