Day v. Justices of the Fleming County Court

Judge Ewing

delivered the opinion of the Court.

At the March term of the Flerping Circuit Court Truman Day, Sheriff of'the county, moved the Court for a mandamus against the Justices of the Fleming County Court, to show cause why they refused to administer the oath of office to William S. Emmons, who had been duly appointed his under Sheriff or' deputy; which motion was allowed and a summon to show cause awarded, returnable to the June term following. At the June term the Justices appeared, and showed for cause, that said Emmons was of bad and immoral character; that he had been appointed'…