Andrews v. State ex rel. Covington
Mississippi Supreme Court
From the circuit court of Quitman county. Horn N. W. Williamson, Judge. This is a proceeding by information in the nature of a quo warranto, instituted March 9, 1890, in the name of the attorney-general," on the relation of W. T. Covington, against J. I). Andrews.
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From the circuit court of Quitman county. Horn N. W. Williamson, Judge. This is a proceeding by information in the nature of a quo warranto, instituted March 9, 1890, in the name of the attorney-general," on the relation of W. T. Covington, against J. I). Andrews. The petition avers that the relator was duly elected to the offices of chancery and circuit clerk of Quitman county, for the constitutional period of four years, beginning the first Monday in January, 1892 ; that he received his certificate of election, and was duly commissioned by the governor to fill said offices for said term;…
1Opinion of the CourtCooper, J.
The facts disclosed by the petition present a case in which it would be eminently proper for the state to proceed against the appellant, whose term of office expired on the first Mon*746day in January, and who is exercising the functions of the offices of clerk of the circuit and chancery courts of Quit-man county without shadow of right. Appellant was elected to said offices under the constitution of 1869, and, by § 19 of article 6, the term of office was limited to four years.
Section 396 of the code of 1880, by express declaration, applies only to terms of office “ not otherwise provided by…
2Cited by21 opinions
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- State Ex Rel. Holmes v. GriffinMississippi Supreme Court · 1995
- Ballantyne v. BowerWyoming Supreme Court · 1909
- Commonwealth v. SheatzSupreme Court of Pennsylvania · 1910
- State ex rel. Smallwood v. WindomSupreme Court of Minnesota · 1915
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