County of Shelby v. Six Judges

An act of the legislature was passed the 4th of December, 1869 [acts 1869-70, ch. 28], providing for a new organization of the courts for Shelby county' — two circuit and two chancery courts, and a criminal court. It provided for an election for judges to hold said courts to he held on the fourth Thursday in May, 1870.

On that day the five judges were elected, and sworn into office on the 7th and 8th of June, 1870, four of the number were still holding their office at the hearing of this cause. A vacancy occurred in the office of the second chancery court by the death of Judge Merger. This was…