Roane ex rel. Tunstall v. Matthews

Citations

• 75 Miss. 94

Syllabus

<p>1. Office. Eligibility under constitution. Nonpayment of taxes. Quo wcvrranto. Const. 1890, %% 241, 250, 245. Code 1892, 3030, 3031.</p> <p>A town marshal is entitled, -under code 1892, 3030, 3031, to hold over after the expiration of his term until his successor has been “duly-elected and qualified,” and may oust, by quo warranto, one whose induction into the office is illegal by reason of the fact that when elected he had not paid “ all taxes legally required of him ” for the preceding year, according to the requirements of $ 241, const. 1890, and thus become, upon registration, a qualified elector and eligible to office under §§ 250, 245, const. 1890. Andrews v. Covington, 69 Miss., 740, distinguished.</p> <p>2. Same. Mistake. Honest belief. Actual payment essential. Payment after election insufficient.</p> <p>The mistaken belief that he has, in due time, paid “all taxes legally required of him,” however honestly entertained, will not relieve a delinquent of the effect of his failure to secure the privilegies of an elector by complying with the requirements of $ 241, const. 1890. Nor will the subsequent payment of the same relieve him of the disqualification under which he rested at the time of the election, as of which time his right to hold office must be determined.</p>