Gibbs v. McIntosh

Dramshops. Local option. Code 1892, $ 1610. Election. Supersedeas. Judicia/ry. The judiciary are not empowered to grant writs of supersedeas to prevent the holding of local option elections, under code 1892, $1610, providing for submission to the voters the question whether the licensing of dramshops shall or shall not be legalized.

From an order made in vacation by Hon. James C. Longstreet, Chancellor. Gibbs and others, appellants, petitioned the board of supervisors of Grenada county for an order for a local option election, under code 1892, § 1610, and McIntosh and others, appellees, opposed. The supervisors ordered an election, appointing commissioners to hold the same. Appellees petitioned Chancellor Longstreet for a supersedeas, charging illegality in the proceedings before the supervisors, and claiming that the election, if held, would be invalid. The supersedeas was granted, and the commissioners stayed. The appellants then applied to. the chancellor and obtained an appeal to the supreme court from the order granting the writ of supersedeas. Ferguson v. Monroe County, 71 Miss., 532, is decisive of this case in appellants’ favor. The appeal from the order of the supervisors did not supersede the election, and the chancellor should not have interfered. He had no jurisdiction or power in the premises. The proceedings before the supervisors were void, and any election held thereunder would be illegal. Collins v. Barrier, 64 Miss., 21; Code 1892, §§ 1610, 1520; Ferguson v. Monroe County, 71 Miss., 524. The writ-of supersedeas was properly granted. States. Sherman, 39 Kan., 293.