Legal Opinion

Newsom v. Cocke

Mississippi Supreme Court

Decided October 15, 1870PublishedCited by 15 opinions

Appeal from the chancery court of DeSoto county. Simmons, J. The facts appear in the opinion of the court. Contended, 1st. Injunction is the proper remedy in this case; citing Hilliard on Injunction (2d ed.), 386, ch. 22 47 Penn., 592; 43 ib., 372. 2d.

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Appeal from the chancery court of DeSoto county. Simmons, J. The facts appear in the opinion of the court. Contended, 1st. Injunction is the proper remedy in this case; citing Hilliard on Injunction (2d ed.), 386, ch. 22 47 Penn., 592; 43 ib., 372. 2d. The governor has no power to remove officers appointed Toy him under art. 12, § 6, Constitution; citing Const., art. 12, §§ 20,21; Story on Const., § § 15, 43 ; 1 Kent, 308, § 16; Proceedings in Trial of Andrew Johnson, published in 1868, pages 680, 683; 1 Cranch, 162; 1 Curtis, 377; 13 Peters, 259; 13 Curtis, 138; 17 Howard, 283, 312; 21…

1Opinion of the Court

Peytok, O. J. :

This was a bill filed by Lowell Newsom, George W. Mason, John Aeree, D. E. Banks, Mary A. Stokes, A. W. Stokes, T. Y. Caffey, and Felix Labouve, against J. A. Cocke, Ephraim Bouldin, and Porter McKinney, in the chancery court of DeSoto county.

The bill alleges that the said Newsom, Aeree, and Mason were appointed by the governor of this state, in the year 1870, members of the board of supervisors of said county, and were confirmed by the senate of said state; that they accepted said office and immediately entered upon the discharge of its duties, and so continued to the filing…

2Cases cited3 opinions

  1. Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
  2. Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
  3. Clark v. PeopleNew York Supreme Court · 1841

3Cited by15 opinions

  1. State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
  2. State ex rel. Jennett v. OwensTexas Supreme Court · 1885
  3. State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
  4. Lewis v. WhittleSupreme Court of Virginia · 1883
  5. Brady v. HoweMississippi Supreme Court · 1874

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