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DARBY, ETC. v. STATE, ET AL.

No. 40742.

232 Miss. 639 (1958)

100 So.2d 125

DARBY, ETC. v. STATE, et al.

Supreme Court of Mississippi.

February 3, 1958.

Attorney(s) appearing for the Case

Mize Thompson & Mize, Gulfport, for appellant.

George R. Smith, Morse & Morse, Gulfport; W.L. Guice, Biloxi, for appellee.

ROBERDS, P.J.

This is a mandamus proceeding. The petition was filed by Harrison County and its supervisors on relation of the district attorney. The respondent is C.J. Darby in his official capacity as clerk of the chancery court, ex-officio clerk of the board of supervisors and county auditor. In this opinion we will call him the "Clerk."

On July 19, 1957, the supervisors adopted an order directing the Clerk to...

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