Legal Opinion

Lemon v. Peyton

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 7 opinions

Appeal from the decision of How. J. T. Whartoh, Judge of tbe Ninth Judicial District. On March 11, 1886, the legislature passed an act entitled “An Act for preventing the evils of intemperance by local option in any county in the State by submitting. the question of prohibiting the sale of intoxicating liquors to the qualified voters of each county, to provide penalties for its violation, and for other purposes.”

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Appeal from the decision of How. J. T. Whartoh, Judge of tbe Ninth Judicial District. On March 11, 1886, the legislature passed an act entitled “An Act for preventing the evils of intemperance by local option in any county in the State by submitting. the question of prohibiting the sale of intoxicating liquors to the qualified voters of each county, to provide penalties for its violation, and for other purposes.” This act, in § 1, provides “ that upon application by petition, signed by one-tenth of the voters who are qualified to vote for members of the legislature in any county in this…

1Opinion of the CourtCampbell, J.

The petition to prohibit the appointees of the board of supervisors from holding the election ordered sets forth as its grounds an alleged disqualification of the members of the board of super*170visors, because three of them had signed the petition for an election, and two of them had canvassed for signers to it; that the board had erred in refusing to receive evidence offered by objectors as to the signatures to the petition, and in permitting new names to be added after it was first presented, and because the order of the board is void in that it speaks of voters qualified to vote for members…

2Cited by7 opinions

  1. Galey v. Board of CommissionersIndiana Supreme Court · 1910
  2. Cashin v. MurphyMississippi Supreme Court · 1925
  3. Carter v. Harrison County Election CommissionMississippi Supreme Court · 1966
  4. Nowlin v. KreisSupreme Court of Arkansas · 1948
  5. Thalheimer v. Board of SupervisorsArizona Supreme Court · 1908

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