State v. Sams
Supreme Court of Arkansas
Petition for quo warranto; 1. Did the county court have the power to declare a vacancy in the office when none in fact existed, and proceed to fill the vacancy by appointment? Compare Acts 1895, 463; Kirby’s Digest, § 7230; Mansf. Dig., § 5893; Acts 1889, 156; Kirby’s Digest, § 7342; Acts 1899, 353 § ,13; Kirby’s Digest, § 7228. The statute prescribes no time within which a road overseer shall qualify after he is elected.
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Petition for quo warranto; 1. Did the county court have the power to declare a vacancy in the office when none in fact existed, and proceed to fill the vacancy by appointment? Compare Acts 1895, 463; Kirby’s Digest, § 7230; Mansf. Dig., § 5893; Acts 1889, 156; Kirby’s Digest, § 7342; Acts 1899, 353 § ,13; Kirby’s Digest, § 7228. The statute prescribes no time within which a road overseer shall qualify after he is elected. Where a statute concerning a public office does not fix its beginning” for any day certain, a-reasonable time will be given. 17 Cal. 11; 39 N. J. L. 14. Mere failure of an…
1Opinion of the CourtRiddick, J.
One Charles D. Fossett was in September, 1906, elected road overseer of a road district in Greene County of this State. He failed to qualify as such on or before the 1st day of October following, and the county court which convened in regular session on that day declared the office vacant, and appointed P. H. Sams to fill the same. Sams thereupon qualified, and assumed to discharge the duties of the office. Afterwards the State, on relation to the Attorney General, filed a petition in this court, alleging that Sams.was usurping the office of road overseer without right, and to which De…
2Cases cited3 opinions
- Whittaker v. WatsonSupreme Court of Arkansas · 1901
- Payne v. RittmanSupreme Court of Arkansas · 1899
- Ex parte SnoddySupreme Court of Arkansas · 1884
3Cited by10 opinions
- State Ex Rel. Robinson, Prosec. Atty. v. JonesSupreme Court of Arkansas · 1937
- Smith v. Little Rock Civil Service CommissionSupreme Court of Arkansas · 1949
- Smith v. State, Ex Rel. Duty, Prosecuting AttySupreme Court of Arkansas · 1947
- Bynum v. Patty and Devilbiss v. ThompsonSupreme Court of Arkansas · 1944
- Purdy v. GloverSupreme Court of Arkansas · 1939
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