People ex rel. Callaway v. De Guelle
Supreme Court of Colorado
Error to• Montrose District Court — Hon. Sprigg Shackelford, Judge. At the annual election in November, 1906, one James C. Taylor was elected sheriff of Montrose county for the term of two years, commencing on the second Tuesday of January, 1907. He duly qualified and entered upon the duties of the office, which he continued to perform until the 23d day of November, 1908, when lie died.
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Error to• Montrose District Court — Hon. Sprigg Shackelford, Judge. At the annual election in November, 1906, one James C. Taylor was elected sheriff of Montrose county for the term of two years, commencing on the second Tuesday of January, 1907. He duly qualified and entered upon the duties of the office, which he continued to perform until the 23d day of November, 1908, when lie died. He was, however, prior thereto, and at the general election in November, 1908, re-elected for the term of two years, beginning on the second Tuesday of January, 1909, but had not, at the date of his death,…
1Opinion of the CourtJustice White
Defendant in error contends: That in case a person holding office under proper election and qualification dies, his successor is to he appointed by the hoard of county commissioners for a term extending until the next general election, at which time his successor is to he designated by election; that between the first appointment and the next general election there can he no other appointment, unless a vacancy occurs by reason of the happening to the first appointee of one of the things mentioned in § 924, Mills’ Ann. Stats.
And, in any event, Taylor having died and defendant having been…
2Cases cited4 opinions
- Edwards v. Denver & R. G. R.Supreme Court of Colorado · 1889
- Murray v. HobsonSupreme Court of Colorado · 1887
- People ex rel. Bentley v. Le FevreSupreme Court of Colorado · 1895
- People ex rel. Williams v. ReidSupreme Court of Colorado · 1887
3Cited by16 opinions
- People v. ScottSupreme Court of Colorado · 1911
- Dobkins v. ReeceCourt of Appeals of Texas · 1929
- People v. QuimbySupreme Court of Colorado · 1963
- People v. ScottColorado Court of Appeals · 2005
- Mahood v. City & County of DenverSupreme Court of Colorado · 1948
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