State ex rel. Lemonnier v. Beard
Supreme Court of Louisiana
APPEAL from tbe Civil District Court, for tbe Parish of Orleans. Houston, J, 1. The failure of an officer elect to qualify by giving bond within thirty days after the receipt of his commission, operates a vacation of his office, and the Governor has the right to fill such vacancy by appointment. Act No. 19, approved February 9tb, 1878 ; 26 Ark. 281, The giving of bond is an essential prerequisite, which could not be dispensed with. Act No. 11 of 1877, State ex rel.
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APPEAL from tbe Civil District Court, for tbe Parish of Orleans. Houston, J, 1. The failure of an officer elect to qualify by giving bond within thirty days after the receipt of his commission, operates a vacation of his office, and the Governor has the right to fill such vacancy by appointment. Act No. 19, approved February 9tb, 1878 ; 26 Ark. 281, The giving of bond is an essential prerequisite, which could not be dispensed with. Act No. 11 of 1877, State ex rel. Lisso vs. Beck, 30 A. 280. “ Vacancies may occur by refusal to qualify.” Cushing’s Law and Practice of Legislative Assemblies,…
1Opinion of the Court
*274The opinion of the Court was delivered by
Bermudez, C. J.
The Relator and the defendant respectively assert conflicting claims to the office of Coroner for the Parish of Orleans.
Prom a judgment recognizing the latter as entitled to it, the State and the former have appealed.
The gravamen of the petition is: that the Relator was appointed and commissioned to the office by the Governor, on the 21st of October, 1881; that he took the oath and furnished the bond required by law on the 22d and 27th of the same month; that he was so appointed and commissioned to fill a vacancy in the office, resulting…
2Cases cited8 opinions
- Carpenter's EstateSupreme Court of Pennsylvania · 1895
- Hurford v. City of OmahaNebraska Supreme Court · 1876
- State v. JohnsonSupreme Court of Arkansas · 1870
- Corbett v. BradleyNevada Supreme Court · 1871
- Wendel v. DurbinWisconsin Supreme Court · 1870
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3Cited by1 opinion
- Chicago, Burlington & Quincy Railroad v. SpringAppellate Court of Illinois · 1883