Conner v. Gray

Citations

• 88 Miss. 489
• 41 So. 186

Syllabus

<p>1. Ejections. Equity jurisprudence. Injunction.</p> <p>Equity will enjoin an election only where the holding of it would violate the constitution or laws of the state.</p> <p>2. Same. Neto counties. Constitution 1890, sec. 260. Latos 1906, ch. 166, p. 179. Jefferson-Davis County.</p> <p>The act creating Jefferson-Davis County, laws 1906, ch. 166, p. 179, complies with the provisions of constitution 1890, sec. 160, authorizing the formation of new counties, and the holding of the election therein authorized would not be violative of law, and should not be enjoined, although it entails expense on the taxpayers.</p> <p>3. Same. Constitution 1890, secs. 87, 255. Local legislation. Senatorial representation.</p> <p>The act creating Jefferson-Davis County, laws 1906, ch. 166, p. 179, assuming that the election will carry for the new county, is not unconstitutional because:</p> <p>(a) It would deprive certain officers of one or more of the old counties of the right to hold office for the balance of their terms; nor because,</p> <p>(5) It would deprive one or more of the old counties of a legal board of supervisors by transferring the residence of members from the old to the new county; nor because,</p> <p>(e) It is local legislation, forbidden by constitution 1890, sec., 87; nor because,</p> <p>(d) It effects one or more senatorial districts as created by constitution 1890, sec. 255.</p> <p>4. Same. Officers. Interest in subject.</p> <p>Officers of an existing county cannot enjoin an election to determine whether a new county shall be created because their right to office would be affected.</p>