Ex parte Lehman
Mississippi Supreme Court
Appeal from the decision of the Hon. Warren Cowan, Judge of the Eleventh Judicial District, on habeas corpus. On the 5th day of May, 1883, at a special term of the Circuit Court of Warren County, the court made and had spread upon the minutes au order in the following words: “It appearing to the court that Charles Lehman, clerk of this court, has been indicted by the grand jury of this county for the crime of forgery, and it having been represented to the court by the…
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Appeal from the decision of the Hon. Warren Cowan, Judge of the Eleventh Judicial District, on habeas corpus. On the 5th day of May, 1883, at a special term of the Circuit Court of Warren County, the court made and had spread upon the minutes au order in the following words: “It appearing to the court that Charles Lehman, clerk of this court, has been indicted by the grand jury of this county for the crime of forgery, and it having been represented to the court by the district attorney, that the records of the office of the circuit clerk contain important and material evidence bearing upon…
1Opinion of the CourtChalmers, J.
The order of the court, for disregarding which the relator was imprisoned as for a contempt, was unmistakably an order of removal or suspension from office. It was so treated and regarded by the judge who made it and by the officer who disobeyed it, and such it plainly was.
If there exists under any circumstances power in the circuit courts of this State to remove or suspend from office the clerks of these courts before conviction by a petit jury, their orders assuming to do so must be obeyed until reversed, however wrongful they may be in the particular case; since it is only where a court…
2Cases cited8 opinions
- Page v. HardinCourt of Appeals of Kentucky · 1848
- Ex parte WimberlyMississippi Supreme Court · 1879
- Hyde v. StateMississippi Supreme Court · 1876
- Brown v. GroverCourt of Appeals of Kentucky · 1869
- Newsom v. CockeMississippi Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Henson v. SheppardSupreme Court of Missouri · 1905
- Lizano v. City of Pass ChristianMississippi Supreme Court · 1910
- State v. HendersonMississippi Supreme Court · 1933
- Mississippi State Board of Health v. MathewsMississippi Supreme Court · 1917
- State Ex Rel. Murray v. BozarthSupreme Court of Oklahoma · 1934
3 more not listed; retrieve them via the Exa API.