Henry v. State
Mississippi Supreme Court
From the chancery court of, first district, Hinds county. Hon. Eobert B. Mayes, Chancellor. This suit was begun in the name of the state of Mississippi, the appellee, by James K. Vardaman, governor of the state, as complainant, against Henry, warden of the penitentiary, and others, including the members of the board of control of the penitentiary, and Horace J. McLaurin, the appellants, as defendants.
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From the chancery court of, first district, Hinds county. Hon. Eobert B. Mayes, Chancellor. This suit was begun in the name of the state of Mississippi, the appellee, by James K. Vardaman, governor of the state, as complainant, against Henry, warden of the penitentiary, and others, including the members of the board of control of the penitentiary, and Horace J. McLaurin, the appellants, as defendants. From a decree overruling a motion to dissolve a preliminary injunction which had been issued in the cause the defendants appealed to the supreme court'. The facts are fully stated in the…
1Opinion of the CourtOalhoon, J.
A question sleeps on the doorsill of this case of much graver importance to the state and her people than anything involved in the controversy. That question is whether a governor may, officially or in the name of the state, originate this litigation in *26our domestic tribunals, unauthorized by statute, without the serious disturbance and threatened destruction of the autonomy and coequal independent rights of three separate departments of government under the constitution and laws of this republic as organized by the people in convention and in their legislature. ■It is essential to present…
2Cases cited26 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Texas v. WhiteSupreme Court of the United States · 1869
- Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
- Attorney-General ex rel. Bashford v. BarstowWisconsin Supreme Court · 1856
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3Cited by26 opinions
- Clark v. State Ex Rel. Miss. State Med. Ass'nMississippi Supreme Court · 1980
- State ex rel. Trent v. SimsWest Virginia Supreme Court · 1953
- State Ex Rel. Haskell v. HustonSupreme Court of Oklahoma · 1908
- State ex rel. Greaves v. HenryMississippi Supreme Court · 1905
- City of Okmulgee v. Okmulgee Gas Co.Supreme Court of Oklahoma · 1929
21 more not listed; retrieve them via the Exa API.