O'Leary v. Adler
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. Geo. F. Brown, Judge. Defendant in error presented his petition to the circuit court of Warren county, representing that on the 16th day of March, 1875, he was duly appointed city judge of the city of Yicksburg by the governer, and that he soon thereafter qualified himself as such. That one Bichard O’Leary now usurps the said office, and excludes petitioner. The petition closes with the usual prayer in quo warranto.
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Error to the Circuit Court of Warren County. Hon. Geo. F. Brown, Judge. Defendant in error presented his petition to the circuit court of Warren county, representing that on the 16th day of March, 1875, he was duly appointed city judge of the city of Yicksburg by the governer, and that he soon thereafter qualified himself as such. That one Bichard O’Leary now usurps the said office, and excludes petitioner. The petition closes with the usual prayer in quo warranto. Bespondent demurred upon these grounds: 1. That the appointment is not shown to have been made with the consent of senate. 2.…
1Opinion of the CourtSimrall, J.
In the absence of a constitutional prohibition or limitation, the legislature may, at its discretion, abolish the municipal offices of a city, establish new ones and define their jurisdiction. It may also prescribe how the offices shall be filled, as by election or appointment ; if in the latter mode, whether by the governor alone, or by him and the senate, or as the law may direct. The act of March 5, 1875, which gives rise to this controversy, created for Vicksburg the office of city judge, defined its jurisdiction, and declared that the judge should be appointed by the governor with the…
2Cases cited1 opinion
- Brady v. HoweMississippi Supreme Court · 1874
3Cited by3 opinions
- Blair v. MaryeSupreme Court of Virginia · 1885
- Yates v. McDonaldCourt of Appeals of Kentucky · 1906
- Pruett v. DelonySupreme Court of Alabama · 1972