Loposser v. State ex rel. Gause

Citations

• 110 Miss. 240
• 70 So. 345

Syllabus

<p>1. Elections. Contests. Remedies.</p> <p>Under Code 1906, section 4186, providing that a person desiring to contest the election of another, returned as elected to an office within any county, may within twenty days file a petition in the office of the clerk of the circuit court of the county setting forth the ground upon which the election is contested and section 2439, providing that all the -provisions of law on the subject of state and county elections shall govern municipal elections; a demurrer should be sustained to a quo warranto proceeding, brought by a contesting candidate for the office of marshall of a town operating under the code municipal chapter, more than twenty days after the election and where the information charged that the election commissioners erred in counting the votes and that he should have been inducted into office, since the procedure for contesting such an election provided by section 4186, Code 1906, is exclusive.</p> <p>2. Evidence. Judicial notice.</p> <p>The court will take judicial notice that a given municipality was incorporated under the Code municipal chapter, and not under a special charter.</p>