Loposser v. State ex rel. Gause
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Quo tvarranto by state, on relation of S. T. Gause against A. W. Loposser. From a judgment of ouster, respondent appeals.
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Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Quo tvarranto by state, on relation of S. T. Gause against A. W. Loposser. From a judgment of ouster, respondent appeals. This suit was begun by information filed by the state of Mississippi, on the relation of S. T. Gause, being a quo warranto’ proceeding to inquire into the legality of the election of appellant, who had been declared elected as marshal of the town of Handsboro, as the result of an election in which appellant and Gause were opposing candidates for this office; it being alleged that the election…
1Opinion of the CourtSmith, C. J.
The ground upon which appellee seeks to oust appellant from the office to which he has been declared elected is, not that he is disqualified to hold the office or that the election was illegally held, but that the election commissioners erred in counting the votes cast at the election, so that the cause comes within section 4186 of the Code, which, under section 3439 of the Code, is applicable to code chapter municipalities. The town of Handsboro being a code chapter municipality, and the procedure for contesting an election provided by section 4186 being exclusive (Ex parte Wimberly, 57…
2Cases cited2 opinions
- Ex parte WimberlyMississippi Supreme Court · 1879
- Kelly v. State ex rel. KierskeyMississippi Supreme Court · 1901
3Cited by2 opinions
- Warren v. State Ex Rel. BarnesMississippi Supreme Court · 1932
- State v. BoundsMississippi Supreme Court · 1951