Gibbs v. McIntosh
Mississippi Supreme Court
From an order made in vacation by Hon. James C. Longstreet, Chancellor. Gibbs and others, appellants, petitioned the board of supervisors of Grenada county for an order for a local option election, under code 1892, § 1610, and McIntosh and others, appellees, opposed. The supervisors ordered an election, appointing commissioners to hold the same.
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From an order made in vacation by Hon. James C. Longstreet, Chancellor. Gibbs and others, appellants, petitioned the board of supervisors of Grenada county for an order for a local option election, under code 1892, § 1610, and McIntosh and others, appellees, opposed. The supervisors ordered an election, appointing commissioners to hold the same. Appellees petitioned Chancellor Longstreet for a supersedeas, charging illegality in the proceedings before the supervisors, and claiming that the election, if held, would be invalid. The supersedeas was granted, and the commissioners stayed. The…
1Opinion of the CourtTerral, J.
The order of supersedeas granted by the chancellor was, we' think, unadvisedly made. It is not the policy of this state to have elections, and other political matters of government reerved to legislative discretion, interfered with by the judges and officers of the judicial department of the government. The supersedeas granted by the chancellor in this case has operated to defeat the election ordered by the board of supervisors, for the provisions of law as to the time of holding the- election cannot now be complied with, and we know of no power in the courts to set a time different from that…
2Cases cited2 opinions
- Ferguson v. Board of SupervisorsMississippi Supreme Court · 1893
- Ex parte WimberlyMississippi Supreme Court · 1879
3Cited by22 opinions
- Conner v. GrayMississippi Supreme Court · 1906
- Barnes v. McLeodMississippi Supreme Court · 1932
- Brumfield v. BrockMississippi Supreme Court · 1932
- In Re WilbournMississippi Supreme Court · 1991
- Hamilton v. LongMississippi Supreme Court · 1938
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