Beckler v. State

A statute .applicable to Polk County provides that its County Road Superintendent shall be elected by its Quarterly Court. The number of Justices authorized for membership on that Court is ten. One of those ten died on July 5,1954, thereby reducing its then actual membership to nine. On July 19, 1954 that- body of nine actual members purported to elect A. W. Gregory, appellee here, its Superintendent of Roads. Five members of that Court voted for him, and he assumed the office for the balance of the term ending in July, 1955.

• In January of 1955 that same Quarterly Court purported to elect…