McHenry v. State

Citations

• 91 Miss. 562
• 44 So. 831

Syllabus

<p>1. Courts. Judicial districts. Division of county. Elections. Canvass and return of votes.</p> <p>The duty of canvassing the returns.of an election held under Laws 1906, p. 185, c. 167, authorizing an election to divide a county into two court districts, is committed by the act to the hoard of election commissioners, and the board of supervisors of the county must declare the result as certified to by the election commissioners.</p> <p>2. Mandamus. Nature of remedy. Adequacy of other remedy.</p> <p>Mandamus is an extraordinary writ, and ought not to be resorted to where the purpose sought to be accomplished by it can otherwise reasonably be accomplished.</p> <p>3. Same. Orders. Authority of court. Evidence.</p> <p>In mandamus to compel the board of supervisors of a county to, meet and declare the result of an election held under Laws 1906, p. 185, ch. 167, authorizing an election to divide the county into court districts, no evidence except the report of the election commissioners required by the act to canvass the returns is admissible, since the board of supervisors can exercise no discretion, but must act ministerially in declaring the result as shown by the report of the commissioners, and the court is without power to grant an order to procure testimony of irregularities in the election.</p> <p>4. Same.</p> <p>Though the circuit court has jurisdiction generally to try a mandamus suit, it must try it according to its inherent nature as an extraordinary remedy limited in its scope.</p> <p>5. Contempt. Disobedience of orders of court. Validity of orders.</p> <p>An order made by the circuit court in mandamus in excess of its power is a nullity, and one disobeying it canot be punished for contempt.</p> <p>6. Same. Inability to comply with order. Effect.</p> <p>Where the chairman of election commissioners of a county, directed hy the court to file the ballot boxes, etc., showed that he was unable to comply with the order because of the destruction of the boxes, an