Roane ex rel. Tunstall v. Matthews
Mississippi Supreme Court
Ehom the circuit court of Marshall county. Hon. Z. M. Stephens, Judge. This was a proceeding by quo warranto brought by the district attorney,, on the relation of R. H. Tunstall, for the purpose of ousting the appellee, Matthews, from the office of marshal of the city of Holly Springs.
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Ehom the circuit court of Marshall county. Hon. Z. M. Stephens, Judge. This was a proceeding by quo warranto brought by the district attorney,, on the relation of R. H. Tunstall, for the purpose of ousting the appellee, Matthews, from the office of marshal of the city of Holly Springs. The petition set up that Matthews had usurped the office, and was exercising its functions on the claim that he was elected thereto at an election of officers that occurred on the second Tuesday in December, 1896, at which time he was not a qualifed elector of the municipality, and ineligible to said office by…
1Opinion of the CourtWhitfield, J.
Tunstall had the right to hold over, as marshal of Holly Springs, until a legal successor had been duly qualified. Code 1892, §§ 3030, 3031. And his successor must be one who is legally eligible. Taylor v. Sullivan, 22 Am. St. Rep., 729. And Tunstall, on the facts of record, had the right to test Matthews’ right to the office in this proceeding, which is a quo warranto by the state, in the name of the district attorney, on the relation of R. H. Tunstall. Code 1892, §§ 3520 — 3522; Taylor v. Sullivan, supra. In the case of Andrews v. Covington, 69 Miss., 740, the relator, Covington, was not…
2Cases cited3 opinions
- Smith v. MooreIndiana Supreme Court · 1883
- Andrews v. State ex rel. CovingtonMississippi Supreme Court · 1892
- Bew v. StateMississippi Supreme Court · 1893
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