McDaniel v. Hurt
Mississippi Supreme Court
From the chancery court of Perry county. Hon. Thaddeus A. Wood, Chancellor. McDaniel and others, appellants, citizens and tax payers of Perry county were complainants in the court below; Hurt and others, appellees, election commissioners of the county, were defendants there. The object of the suit was to enjoin the holding of a special election to fill a vacancy in the office of sheriff of the county.
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From the chancery court of Perry county. Hon. Thaddeus A. Wood, Chancellor. McDaniel and others, appellants, citizens and tax payers of Perry county were complainants in the court below; Hurt and others, appellees, election commissioners of the county, were defendants there. The object of the suit was to enjoin the holding of a special election to fill a vacancy in the office of sheriff of the county. A preliminary injunction having been granted, the court below dissolved the same, granting complainants an appeal to the supreme court without supersedeas “for the purpose of settling the…
1Opinion of the Court
Whiteield, O. J.,
delivered the opinion of the court.
This court cannot entertain an appeal where there is no actual controversy. See Ency. PL & Prac. vol. 2, p. 341, § 4; and *198especially note 2 on page 343, and the authorities therein cited, particularly Chamberlin v. Cleveland, 1 Black (U. S.), 419; 17 L. Ed., 93; Little v. Bowers, 134 U. S., 547, 10 Sup. Ct., 620, 33 L. Ed., 1016, and Chicago R. R. Co. v. Dey, 76 Iowa, 278, 41 N. W., 17, in which last case it is held that, “where the cause on appeal relates to questions involved in rights which have ceased to exist, the appeal will be…
2Cases cited3 opinions
- Little v. BowersSupreme Court of the United States · 1890
- Cleveland v. ChamberlainSupreme Court of the United States · 1862
- Chicago, Rock Island & Pacific Railway Co. v. DeySupreme Court of Iowa · 1888
3Cited by17 opinions
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- Frisby v. City of GulfportMississippi Supreme Court · 2013
- Fails v. Jefferson Davis County Public School BoardMississippi Supreme Court · 2012
- Whidden v. BroadusMississippi Supreme Court · 1914
- Yates v. BeasleyMississippi Supreme Court · 1923
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