State Ex Rel. Mitchell v. McDonald

This is a quo warranto proceeding wherein the right of Dr. Singleton McDonald to serve as a member of the board of supervisors of Lauderdale county was challenged. At the conclusion of the evidence offered on behalf of the state, the defendant moved to exclude the evidence and direct a verdict in his favor, which motion was sustained; and, from the judgment entered dismissing the petition, this appeal was prosecuted.

The petition filed by the state of Mississippi, on the relation of its Attorney-General, charged that the appellee, Dr. McDonald, unlawfully and without any warrant or right…