Townsley v. Hartsfield
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Eon, Judge; STATEMENT BY THE COURT. At tbe general election in 1910, Frank Irvin was elected road overseer of Center Township in the Greenwood District of Sebastian County, Arkansas. The statute provides that his term of office shall be the same as that for township and county officers.
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Appeal from Sebastian Circuit Court, Greenwood District; Daniel Eon, Judge; STATEMENT BY THE COURT. At tbe general election in 1910, Frank Irvin was elected road overseer of Center Township in the Greenwood District of Sebastian County, Arkansas. The statute provides that his term of office shall be the same as that for township and county officers. See Act No. 177, Acts 1905, approved April 18, 1905. Irvin entered upon the discharge of his duties as such road overseer, and continued in said office until his death, some time in October, 1912. At the general election held in 1912, he was again…
1Opinion of the Court
Hart, J.,
(after stating the facts). It will he noted from the statement of facts that Irvin died while he was serving Ms first term, and before his new term had commenced. The general rule is that if the deceased was Mmself the incumbent of the office and was elected to succeed himself, a vacancy is created in the first term by his death; but, by the weight of authority, at the commencement of the second term, no new vacancy arises, and the appointee for the balance of the first term holds over until the election and qualification of his succssor. State v. Speidel, 62 Ohio St. 156, 56 N. E.…
2Cases cited2 opinions
- People ex rel. Andrews v. LordMichigan Supreme Court · 1861
- State v. ElliottUtah Supreme Court · 1896
3Cited by10 opinions
- Justice v. CampbellSupreme Court of Arkansas · 1967
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
- Bird v. Pan Western Corp.Supreme Court of Arkansas · 1977
- Markham v. CornellSupreme Court of Kansas · 1933
- Dobkins v. ReeceCourt of Appeals of Texas · 1929
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