Patton v. Vaughan
Supreme Court of Arkansas
PETITION for writ of prohibition to Judge of Pulaski Circuit Court. This controversy arises under act of March 21, 1881. Acts 1881, p. 116. 1. Coal oil inspector is not such an “officer” as is contemplated by section £7, article 7, Constitution of 1874. (Sheboygan v. Parker, 8 Wallace, 98; Conith v. Sutherland, 8 Serg. £ JRawle, 145; People v. Bennett, 64 Barb.
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PETITION for writ of prohibition to Judge of Pulaski Circuit Court. This controversy arises under act of March 21, 1881. Acts 1881, p. 116. 1. Coal oil inspector is not such an “officer” as is contemplated by section £7, article 7, Constitution of 1874. (Sheboygan v. Parker, 8 Wallace, 98; Conith v. Sutherland, 8 Serg. £ JRawle, 145; People v. Bennett, 64 Barb. (N. Y), 480; State v. Kirk, 44 Bid., 401-) The Constitution, and the act of March 9, 1877, apply to elective, and not such inferior ministerial officers, so-called, as might be found necessary for the due execution of police powers. 2.…
1Opinion of the CourtSmith, J.
Under authority of the act of March 21,1881, the County Judge of Pulaski County appointed William L. Cook inspector of illuminating oils in said county. The succeeding County Judge removed Cook, and appointed Moses Reed in his place. He caused a memorial of his action in tbe premises to be entered on the County Court record, specifying that tbe cause of removal was Cook’s incompetency properly to discharge the duties of the office. Cook then applied to the Circuit Court to quash the order of removal, alleging that he had no notice of the intended proceeding, and that the County Court had no…
2Cases cited3 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- State ex rel. Attorney General v. DohertySupreme Court of Louisiana · 1873
- Boon v. BowersMississippi Supreme Court · 1855
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- Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
- Lynch v. ChaseSupreme Court of Kansas · 1895
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Childs v. StateCourt of Criminal Appeals of Oklahoma · 1910
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