State ex rel. Murphy v. Townsend
Supreme Court of Arkansas
Appeal from Desha Circuit Court. Antonio B. Grace, Judge. The office of town recorder is a part of the judicial branch of the government, and cannot be held by the county judge. Const. Ark. art. 19, § 6; Sand. & H. Dig. § 5256. As to judicial functions of town recorder,- see Sand. & H. Dig. § 5253. Dual office holding, even in separate departments of the government, is prohibited. Const.
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Appeal from Desha Circuit Court. Antonio B. Grace, Judge. The office of town recorder is a part of the judicial branch of the government, and cannot be held by the county judge. Const. Ark. art. 19, § 6; Sand. & H. Dig. § 5256. As to judicial functions of town recorder,- see Sand. & H. Dig. § 5253. Dual office holding, even in separate departments of the government, is prohibited. Const. Ark., art 4, § 2. By accepting the office of recorder appellee vacated the office of county judge. 2 Ark. 282; 10 Ark. 142. The statutory remedy for usurpation of office is not exclusive, and does not…
1Opinion of the CourtBunn, C. J.
This cause was prosecuted in the Desha circuit court on an information in the nature of a proceeding by quo warranto by the attorney general against- Henry Townsend, to oust him from the office of county and probate judge of said county of Desha, to which he had been elected at the preceding election, and for which he had qualified and was acting, on the ground that he, after he had entered upon the duties of said office, had accepted the office of recorder of the town of Arkansas City, in said county, and by said acceptance of the recorder’s office he had vacated the office of county and…
2Cases cited7 opinions
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