Baker v. Nichols

Citations

• 111 Miss. 673
• 72 So. 1

Syllabus

<p>1. Equity. Accounting. Fees of sheriff’s office. Jurisdiction. ■ Sheriffs. Vacancies. Appointments. Constitution, section 103.</p> <p>If equity has jurisdiction for one purpose it may administer full relief.</p> <p>2. Same.</p> <p>Under Constitution 1890, section 160, providing that courts of equity may exercise jurisdiction though the legal remedy has has not been exhausted or legal title established at law; equity has jurisdiction to compel an accounting of the perquisites and . emoluments of a sheriff’s office at the suit of a rightful claimant, notwithstanding that incidentally the determination of the title to the office may he necessary. The jurisdiction of chancery to determine such a case must not he circumscribed or questioned simply because the quo warranto proceeding is ordinarily the proper method to try title to office.</p> <p>3. Sheriffs. Vacancies. Appointment.</p> <p>Under Constitution 1890, section 103, so providing, the governor has the power to fill by appointment a vacancy caused by the deáth of a sheriff and pending the holding of an election for his successor, and this right is not abridged or denied by section 387 of the code, providing that the deputy may continue to discharge the duties of the officer in the name of the deceased officer as if he had not died, until the vacancy is filled according to law.</p>