State ex rel. District Attorney v. Lovell
Mississippi Supreme Court
From the circuit cou'rt of Warren county. Hon. J. L>. Gtlland, Judge. Information in the nature of a quo warranto .by the state, on the relation of the district attorney of the ninth district of Mississippi, against appellee', W. S. Lovell.
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From the circuit cou'rt of Warren county. Hon. J. L>. Gtlland, Judge. Information in the nature of a quo warranto .by the state, on the relation of the district attorney of the ninth district of Mississippi, against appellee', W. S. Lovell. The information alleges that at the general election held in November, 1891, one Convillion was elected justice of the peace for the third district of Warren county for a term of four years, commencing the first Tuesday after the first Monday of January, 1892; that he failed to qualify, and that no action was taken to fill the vacancy until the 6th day of…
1Opinion of the CourtCampbell, C. J.
By § 171 of the constitution of 1890, justices of the peace are to be chosen in each county, in the manner provided by law, for each district. “Chosen” is used in the sense of selected, as shown by § 138, also §§ 135, 168. The constitution does not provide for the election of county officers, including justices of the peace, by the qualified electors. They are to be chosen or selected as provided by law, and the legislature might, in pursuance of the constitution, pro*314vide for the selection of any of these officers by the governor, the circuit judge, the chancellor or in any other way provided…
2Cited by2 opinions
- State Ex Rel. Parks v. TuceiMississippi Supreme Court · 1936
- Rawson v. StateMississippi Supreme Court · 1938