Collins v. Barrier

64 Miss. 21 | Miss. | 1886

Campbell, J.,

The signers of the counter-petitions had the right to appeal from the action of the board of supervisors.

The counter-petitions were improperly rejected by the boards That they petitioned that license should not be granted to W. H. Collins or L. D, Manor (or to any one else within the next twelvemonths)” was not a valid objection. The petitions were both particular (as to those named) and general, and should have been so-treated. Even after rejecting the counter-petitions the board should not have granted license, because it did not appear that a majority of the legal voters required had signed the required petition. It does appear that a majority had signed six petitions, and all the-names on all of them constituted a majority,but the petitions were not duplicates and differed materially from each other, and it was-not allowable to append the names signed to one to another different in terms.

Doing this was necessary to reckon a majority as petitioners for-license, but it was a wrong to the voters, who might have been unwilling to sign the petition to which their names were appended.

Affirmed..