State ex rel. Brown v. Christmas
Mississippi Supreme Court
Appeal from circuit court of Hinds county. Hon. W. H. Potter, Judge. Separate proceedings in quo warranto by the state on.the relation of B. F. Brown, and of Ben R. Guess against Thomas R. Christmas and R. S. Miller, respectively. From a dismissal of the petition in each case relator appeals. As we sée it the sole question before , this court to be determined is whether or not the deputy land commissioner is a public officer.
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Appeal from circuit court of Hinds county. Hon. W. H. Potter, Judge. Separate proceedings in quo warranto by the state on.the relation of B. F. Brown, and of Ben R. Guess against Thomas R. Christmas and R. S. Miller, respectively. From a dismissal of the petition in each case relator appeals. As we sée it the sole question before , this court to be determined is whether or not the deputy land commissioner is a public officer. For the convenience of the cburt we here quote chapter 197, Laws of 1910, being the statute creating the office of deputy land commissioner. “Section 1. Be it enacted by…
1Opinion of the CourtSmith, C. J.
These two cases involve the same question of law, and will be decided together.
On August 26,1920, M. A. Brown, the then land commissioner, appointed the relator, B. F. Brown, as his deputy,' pursuant to section 2904, Code of 1906 (section 5239, Hemingway’s Code), which provides that:
“The land commissioner shall be entitled to one deputy to assist him in the discharge of his duties, with power and authority to do and perform all acts and duties required by the land commissioner. The appointment shall be made in writing, and filed in the office of secretary of state, with a certificate that the…
2Cases cited3 opinions
- Shelby v. AlcornMississippi Supreme Court · 1858
- Yerger v. State ex rel. BrownMississippi Supreme Court · 1907
- State ex rel. Baker v. NicholsMississippi Supreme Court · 1913
3Cited by11 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- McMullen v. DanielSupreme Court of Alabama · 1933
- Gary v. Board of TrusteesCourt of Appeals of Maryland · 1960
- State Ex Rel. Knox v. Board of Sup'rsMississippi Supreme Court · 1925
- Golding, State Auditor v. ArmstrongMississippi Supreme Court · 1957
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