State ex rel. Baker v. Nichols

Citations

• 106 Miss. 419
• 63 So. 1025

Syllabus

<p>1. SHERIFF and Constables. Office of sheriff. Code 1906, section 4664. Vacancy. Appointment. Power of governor. Constitution 1890, section 103. Disqualification. Effect of election. Quo warranto. Appeal. Questions presented for review. Pleading, Demurrer. Effect.</p> <p>The position of deputy sheriff is an office created by section 4664 of the Code of 1906 and is therein expressly designated as such, and it can therefore only be held by a qualified elector.</p> <p>2. Pleading and Demurrer. Effect.</p> <p>A demurrer to a petition admits the allegations of such petition.</p> <p>3. Sheriffs. Deputies. Vacancy. Appointment. Power of governor.</p> <p>Since the statutes provide no method for filling the vacancy in the office of sheriff, existing between the death of the sheriff and the election of a successor, except that its duties shall be discharged by the deputy, where there'is no such deputy legally qualified to act, there exists such an emergency as contemplated by section 103 of the Constitution and the governor has the power to appoint a sheriff.</p> <p>4. Sheriffs. Disqualification. Effect of election.</p> <p>Where a party had not registered until a month before his election as sheriff, such election was a nullity, such party being ineligible not being a qualified voter.</p> <p>5. Quo Warranto. Appeal. Questions for review.</p> <p>Upon an appeal from a judgment sustaining a demurrer to a petition for quo warranto, the supreme court will not consider matters not appearing in the petition.</p>