State v. Caulk

Harrington, J.,

delivering the opinion of the Court:

The question to be determined is whether the respondent, Royden Caulk, was legally elected to the office of Levy Court Commissioner from the Seventh Levy Court District of New Castle County at the general election in November of 1926. The answer to this question depends upon whether there was any legislative or constitutional authority for such election, as an election held without authority of law is, undoubtedly, void. McCreery on Elections, § 147; 20 C. J. 96; 9 R. C. L. 989; State v. Harrison, 113 Ind. 434, 16 N. E. 384, 3 Am. St. Rep.…