Ross v. Quick

Mississippi Supreme Court
Ross v. Quick, 89 Miss. 29 (Miss. 1906)
42 So. 281
Whitfield

Ross v. Quick

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

The motion to discharge supersedeas in this case is hereby sustained, in so far as it supersedes the dissolution of the injunction enjoining the election commissioners of Jones county from holding the said election, from appointing managers and clerks to *32bold said election, from reporting and returning said election to tbe board of supervisors, and from proceeding any further toward ordering and bolding said election, and in so far as it supersedes tbe dissolution of tbe injunction enjoining tbe board of supervisors of Jones county from receiving tbe reports and returns of said election from said commissioners and from declaring tbe establishment of tbe second district, or from ordering an election to be held in said second district. We decline to discharge tbe supersedeas in so far as it supersedes tbe decree of tbe court below declaring tbe act of tbe legislature (Laws 1906, ch. 169, p. 206), entitled, “An act to divide tbe county of Jones into two circuit and chancery court districts, etc.,” mentioned in tbe bill, constitutional, sustaining tbe demurrer, and dismissing tbe bill.

So ordered.

Reference

Full Case Name
Silas V. Ross v. Jesse W. Quick
Cited By
3 cases
Status
Published
Syllabus
Apeeal. Supersedeas. Code 1892, §49. Loaos 1906, eh. 169, p. 206. Discharge of supersedeas. Code 1892, § 4359. Supreme court practice. If in a suit to restrain proceedings under an act of the legislature, providing for the division of a county into two judicial districts upon an affirmative vote of the electors of a designated part of the county (Laws 1906, ch. 169, p. 206), the chancery court dissolve the injunction, award damages against complainants and dismiss the bill, holding the legislative act to be constitutional, and the complainants obtain a supersedeas appeal, under Code 1892, § 49, providing for such appeals, the supreme court, on motion of the appellees, will, under Code 1892, § 4359, providing for such procedure, discharge the supersedeas as to the dissolution of the injunction, but will continue it until the final hearing as to the decrees dismissing the suit and adjudging the act constitutional.