Brady v. West
Mississippi Supreme Court
Error to the Circuit Court of Tate County. Hon. E. S. Fisher, Judge. The opinion of the court contains a sufficient statement of tbe case. Under section 19 of article YI, of the constitution, which provides that “ the clerk of the chancery court shall be elected by the qualified voters of their several counties,” the authority given by the legislature to the governor to make the appointment to the office is unconstitutional and void.
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Error to the Circuit Court of Tate County. Hon. E. S. Fisher, Judge. The opinion of the court contains a sufficient statement of tbe case. Under section 19 of article YI, of the constitution, which provides that “ the clerk of the chancery court shall be elected by the qualified voters of their several counties,” the authority given by the legislature to the governor to make the appointment to the office is unconstitutional and void. It is attempted to show authority in the legislature to confer upon the governor the power of appointment in the following clause of the constitution : “In all…
1Opinion of the CourtPeyton, C. J.
This is a writ of error from a judgment dismissing an information in the nature of a quo warranto filed by the district attorney on the relation of J. P. McCracken against Osborne F. W est.
By an act of the legislature of this state, approved April 15, 1873, a new county called the county of Tate was created, and under the authority of an act amendatory of that act, approved April 19, 1873, the defendant in error was appointed by the governor chancery clerk of said county, to hold, possess and enjoy *74said office of chancery clerk until the first Monday in January, 1876, and by virtue of said…
2Cases cited2 opinions
- Jones v. HutchinsonSupreme Court of Alabama · 1869
- Mortimer v. HannahMississippi Supreme Court · 1903
3Cited by14 opinions
- State ex rel. Reed v. JonesWashington Supreme Court · 1893
- Ex parte WrenMississippi Supreme Court · 1886
- Warwick v. State Ex Rel. ChanceAlaska Supreme Court · 1976
- State Ex Rel. Lyons v. GuyNorth Dakota Supreme Court · 1961
- Chicot County v. DaviesSupreme Court of Arkansas · 1882
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