State ex rel. Smiley v. Glenn
Tennessee Supreme Court
PROM DAVIDSON. From tbe Chancery Court, October Term, 1871. E. H. East, Oh. In August, 1871, a vacancy occurred in the office of County Judge of Davidson county, to fill which the Governor appointed the relator, and the County Court elected the defendant. Who is entitled to the office ? The Chancellor held that the law had not provided for filling the vacancy. < Either it is a oasus omissus, or the Governor had the power.
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PROM DAVIDSON. From tbe Chancery Court, October Term, 1871. E. H. East, Oh. In August, 1871, a vacancy occurred in the office of County Judge of Davidson county, to fill which the Governor appointed the relator, and the County Court elected the defendant. Who is entitled to the office ? The Chancellor held that the law had not provided for filling the vacancy. < Either it is a oasus omissus, or the Governor had the power. Every presumption should be made against the former branch of the alternative. The power clearly did not belong to the County Court. The only argument that it did deduces it…
1Opinion of the CourtMcFarland, J.
This is a bill filed under the provisions of th,e Code, s. 3409 et seq., to contest the right to the office of County Judge of Davidson county. The bill alleges that at the election held under the new. Constitution, oí the 1st Thursday in August, 1870, W. K. Turner was elected, duly commissioned, and qualified, and held the office until the 9th of August, 1871, when he died. That soon after, in the month of August, 1871, the Governor appointed and commissioned the relator Smiley to fill the vacancy until his successor should be elected and qualified. That the defendant is in the possession,…
2Cited by4 opinions
- Waters v. STATE, EX REL., SCHMUTZERTennessee Supreme Court · 1979
- State ex rel. Buchanan County v. ImelSupreme Court of Missouri · 1912
- Chambers v. MarcumTennessee Supreme Court · 1953
- State ex rel. Howard v. RegisterTennessee Supreme Court · 1955