Spencer v. Washington County

Mississippi Supreme Court
Spencer v. Washington County, 92 Miss. 230 (Miss. 1908)
45 So. 863
Whitfield

Spencer v. Washington County

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

Since the appeal to the circuit court was properly taken in •all respects, and the court had jurisdiction to hear the cause, it was clearly error to dismiss the appeal. The court should have ■entertained the appeal and determined the cause.

Eor this error, the judgment is reversed, and the cause remanded.

Reference

Full Case Name
Sydney M. Spencer v. Washington County
Cited By
11 cases
Status
Published
Syllabus
Local Option Election. Code 1906, § 1777. Board of supervisors. Appeal. Grounds for dismissal. Review ineffectual. An appeal duly taken to the circuit court from an order of the board of supervisors rejecting a petition for an election to determine whether intoxicants may be sold in the county, should not be dismissed by the circuit court because it may by lapse of time be powerless to render a judgment ordering an election as provided by Code 1906, § 1777, relating to the time of holding such elections.