Legal Opinion

State ex rel. Fletcher v. Armstrong

Mississippi Supreme Court

Decided October 15, 1907PublishedCited by 7 opinions

From the circuit court of Lawrence county. Hon. Eobert L. Bullard, Judge. The state, on the relation of the attorney-general, appellant, was plaintiff in the court below; Armstrong, appellee, was defendant there. From a judgment sustaining defendant’s demurrer to plaintiff’s petition for a quo warranto and dismissing the suit plaintiff appealed to the supreme court.

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From the circuit court of Lawrence county. Hon. Eobert L. Bullard, Judge. The state, on the relation of the attorney-general, appellant, was plaintiff in the court below; Armstrong, appellee, was defendant there. From a judgment sustaining defendant’s demurrer to plaintiff’s petition for a quo warranto and dismissing the suit plaintiff appealed to the supreme court. The petition was filed for the purpose of ousting appellee, Armstrong, from the office of justice of the peace in and for the county of Lawrence, he having pending his term of office as a justice of the peace, been elected to and…

1Opinion of the Court

Whitfield, O. L.,

delivered the opinion of the court.

This is an appeal by the state from the circuit court of *516Lawrence county. The action was brought by the attorney-general for the purpose of ousting appellee from the office of justice of the peace. The petition recites that appellee was regularly elected a justice of the peace and is now discharging the duties of that office; that subsequently he was elected mayor of the town of Silver Greek, and accepted this office, and entered upon the discharge of its duties; and the contention of the state is that the two offices, justice of the peace…

2Cases cited1 opinion

  1. State ex rel. Kierskey v. KellyMississippi Supreme Court · 1902

3Cited by7 opinions

  1. Myers v. City of McCombMississippi Supreme Court · 2006
  2. McCool v. State Ex Rel. HowieMississippi Supreme Court · 1928
  3. Poplarville Sawmill Co. v. MarxMississippi Supreme Court · 1917
  4. B. Altman & Co. v. WallMississippi Supreme Court · 1916
  5. In Re GrantMississippi Supreme Court · 1994

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