State ex rel. Doolittle v. Hays
Mississippi Supreme Court
From the circuit court of Newton county. IIon. James R. Byrd, Judge. The state, on the relation of Doolittle, appellant, was plaintiff in the court below; Hays, appellee, was defendant there. The suit was a quo warranto proceeding. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court.
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From the circuit court of Newton county. IIon. James R. Byrd, Judge. The state, on the relation of Doolittle, appellant, was plaintiff in the court below; Hays, appellee, was defendant there. The suit was a quo warranto proceeding. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court. The single question here presented is, whether, when a municipal officer is holding over after the expiration of his regular term, there is a vacancy which may be filled by a special election. This question was decided by the circuit…
1Opinion of the CourtMayes, J.
In April, 1905, L. B. Hancock was marshal of the town of Newton, and resigned. When he resigned, an election was held to fill the vacancy, and Z. T. Doolittle was elected. Under section 3435, Code 1906, the next general election was fixed for the second Tuesday in December, 1906, and every two years thereafter. At the December election, 1906, J. H. Hays was a candidate for the office and received a majority of the votes; but at the time of the election Hays was not eligible to hold the office, in that he was disqualified. Because of the disqualification of Hays, Doolittle held over and…
2Cases cited13 opinions
- Dullam v. WillsonMichigan Supreme Court · 1884
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- Kimberlin v. State ex rel. TowIndiana Supreme Court · 1892
- Taylor v. SullivanSupreme Court of Minnesota · 1891
- State ex rel. Thayer v. BoydNebraska Supreme Court · 1891
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3Cited by4 opinions
- State ex rel. Booze v. CresswellMississippi Supreme Court · 1918
- State Ex Rel. Hairston v. BaggettMississippi Supreme Court · 1926
- O'Neal v. FairleyMississippi Supreme Court · 1941
- Berry v. BerryMississippi Supreme Court · 1932