Ott v. State ex rel. Lowery
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. Thaddeus A. Wood, Judge. The state, on the relation of Lowery, appellee, was the plaintiff, and Ott, appellant, was the defendant in the court below. The suit was a quo warranto proceeding instituted to settle between the parties the question which one of them was the tax collector of the city of Biloxi.
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From the circuit court of Harrison county. Hon. Thaddeus A. Wood, Judge. The state, on the relation of Lowery, appellee, was the plaintiff, and Ott, appellant, was the defendant in the court below. The suit was a quo warranto proceeding instituted to settle between the parties the question which one of them was the tax collector of the city of Biloxi. On the 11th day of December, A.D. 1900, a regular election was held in said city, and certain persons were elected to the offices of mayor and aldermen. After this election, and on the first Tuesday of January, being the first day of the month,…
1Opinion of the CourtWhitfield, C. J.
In the case of Bousquet v. State, ex rel. Gleason, decided last Monday (ante, p. 478), we held that the mayor of a municipality which had accepted the provisions as to municipalities provided by the code of 1892, in the chapter on that subject, could not vote in an election for the officers provided for in §§ 3001 and 2992, except when there was a tie between the aldermen; that the mayor was not a member of the board of aldermen, and could not vote as an alderman to make a tie, and then as mayor to break it, thus voting twice.
In this case, adhering to that ruling, we are required to decide…
2Cases cited3 opinions
- Chicago, St. Louis, & New Orleans Railroad v. TrotterMississippi Supreme Court · 1882
- Ex parte GoreMississippi Supreme Court · 1879
- Bates v. StokesMississippi Supreme Court · 1866
3Cited by15 opinions
- Evans v. Boyle Flying Service, Inc.Mississippi Supreme Court · 1996
- Adams v. Standard Oil Co.Mississippi Supreme Court · 1910
- McCullen v. State Ex Rel. AlexanderMississippi Supreme Court · 1953
- Johnson v. StateMississippi Supreme Court · 1972
- Claypool v. MladineoMississippi Supreme Court · 1998
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