State ex rel. Lemonnier v. Beard
Supreme Court of Louisiana
APPEAL from tbe Civil District Court, for tbe Parish of Orleans. Houston, J, 1. The failure of an officer elect to qualify by giving bond within thirty days after the receipt of his commission, operates a vacation of his office, and the Governor has the right to fill such vacancy by appointment. Act No. 19, approved February 9tb, 1878 ; 26 Ark. 281, The giving of bond is an essential prerequisite, which could not be dispensed with. Act No. 11 of 1877, State ex rel.
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APPEAL from tbe Civil District Court, for tbe Parish of Orleans. Houston, J, 1. The failure of an officer elect to qualify by giving bond within thirty days after the receipt of his commission, operates a vacation of his office, and the Governor has the right to fill such vacancy by appointment. Act No. 19, approved February 9tb, 1878 ; 26 Ark. 281, The giving of bond is an essential prerequisite, which could not be dispensed with. Act No. 11 of 1877, State ex rel. Lisso vs. Beck, 30 A. 280. “ Vacancies may occur by refusal to qualify.” Cushing’s Law and Practice of Legislative Assemblies,…
1Opinion
On Petition bor a Rehearing.
The application rests on the following grounds, specifically set forth, viz:
1st. “ The decision of the Court is not based upon any issue formed by the parties, or upon which the cause was decided by the lower court.
2d. “ The point decided was not the cause which actuated the Governor of the State in issuing a commission to the Relator.
3d. “ The Act No. 19 of 1878, upon which the said cause was so decided, does not in letter and spirit, maintain the principle deduced therefrom in the opinion of the Court.
4th. “ Laws are to be construed in accordance with their…
2Cases cited4 opinions
- Beebe v. RobinsonSupreme Court of Alabama · 1875
- Tide Water Pipe Line Co. v. BerrySupreme Court of New Jersey · 1890
- State ex rel. Miller v. HadleyIndiana Supreme Court · 1867
- Larkin v. LarkinSupreme Court of Rhode Island · 1891