State ex rel. Kierskey v. Kelly
Mississippi Supreme Court
From tbe circuit court of Warren county. ITon. Frank F. Larkin, Judge. The state, suing on the relation of Kierskey, appellant, was plaintiff in the court below; Kelly, appellee, was defendant there. The suit was a quo warranto proceeding to determine which of the parties had been elected to the office of city assessor of Vicksburg. The case was once before in the supreme court, and the former decision is reported, Kelly v. State, ex rel.
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From tbe circuit court of Warren county. ITon. Frank F. Larkin, Judge. The state, suing on the relation of Kierskey, appellant, was plaintiff in the court below; Kelly, appellee, was defendant there. The suit was a quo warranto proceeding to determine which of the parties had been elected to the office of city assessor of Vicksburg. The case was once before in the supreme court, and the former decision is reported, Kelly v. State, ex rel. Kiershey, J9 Miss., 168. After the cause had been remanded on the former appeal the case was again tried in the court below, the trial resulting in a…
1Opinion of the CourtWhiteield, C. J.
We think the office of city assessor is within sec. 266 of the constitution. It is an office held “under the authority of the state.” This is expressly so decided, under a similar constitutional provision, in Packenham v. Harper, 66 Ill. App. Ct. Rep., at page 100.
It is well settled that in case of contest for an office, if the term of office expires pending an appeal, the appeal will be dismissed, since the court will not proceed with the case simply to determine the matter of costs. If an age limit were prescribed, one who had passed the age pending an appeal, could not ask the court to…
2Cases cited1 opinion
- People ex rel. Attorney General v. TurnerCalifornia Supreme Court · 1862
3Cited by7 opinions
- Myers v. City of McCombMississippi Supreme Court · 2006
- Thompson v. StateMississippi Supreme Court · 1907
- Yerger v. State ex rel. BrownMississippi Supreme Court · 1907
- State ex rel. Fletcher v. ArmstrongMississippi Supreme Court · 1907
- McClure v. WhitneyMississippi Supreme Court · 1919
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