Payne v. Rittman
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, George M. Chapline, Judge. The governor has the power to fill a vacancy in the office of town marshal. When any office becomes vacant, and there is no means provided for filling it, the governor has the power to appoint. Sand. So H. Dig. § 3156; art. 6, § 23, Const. Members of the council, only, can be elected at special elections. Sand. & H. Dig. § 5127. A town marshal is not a member of the council. Sand.
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Appeal from Arkansas Circuit Court, George M. Chapline, Judge. The governor has the power to fill a vacancy in the office of town marshal. When any office becomes vacant, and there is no means provided for filling it, the governor has the power to appoint. Sand. So H. Dig. § 3156; art. 6, § 23, Const. Members of the council, only, can be elected at special elections. Sand. & H. Dig. § 5127. A town marshal is not a member of the council. Sand. So H. Dig. § 5259. Appellant had the right to go into circuit court to recover both fees and office. 50 Ai’k. 266; 42 Ark. 117; 28 Ark. 451; 32 Ark.…
1Opinion of the CourtBunn, C. J.
The city marshal of Stuttgart, Arkansas county, died, and on the 26th of September, 1898, the council of said Stuttgart, which was a city of the second-class, held a special election to fill the vacancy, and the election officers eertified that the appellee was elected, and he took possession of said office, under the sanction of said council, and has held the same since that time. On the 8th of October, 1898, appellant was appointed, and commissioned by the governor of the state as city marshal of said city.
This proceeding was instituted by appellant, seeking, in effect, two remedies by…
2Cases cited2 opinions
- State v. DeversSupreme Court of Arkansas · 1879
- Heilman v. MartinSupreme Court of Arkansas · 1840
3Cited by18 opinions
- Lucas v. FutrallSupreme Court of Arkansas · 1907
- Peterson v. CulpepperSupreme Court of Arkansas · 1904
- Whittaker v. WatsonSupreme Court of Arkansas · 1901
- Hogins v. BullockSupreme Court of Arkansas · 1909
- Patterson v. AdcockSupreme Court of Arkansas · 1923
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