Falconer v. Shores
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. Gf. S. Cunningham, Special Judge. I. The proceedings in and about the appointment of ■appellant were in exact conformity to the Act of the Legislature. Acts 1874-5, p. 165. II. The Act is constitutional. The office of collector and the officer are to be distinguished. The office is now and always has been a legislative creation. In the Constitutions prior to 1874, the office and officer were without recognition -or mention.
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APPEAL from Franklin Circuit Court. Hon. Gf. S. Cunningham, Special Judge. I. The proceedings in and about the appointment of ■appellant were in exact conformity to the Act of the Legislature. Acts 1874-5, p. 165. II. The Act is constitutional. The office of collector and the officer are to be distinguished. The office is now and always has been a legislative creation. In the Constitutions prior to 1874, the office and officer were without recognition -or mention. In the Constitution of 1874 it was provided that the sheriff of each county should be ex-officio collector, etc. He must give…
1Opinion of the CourtEnglish, C. J.
At the general election, sixth Septem1880, Richard Q. Shores was elected sheriff of Franklin county; he was commissioned by the G-overnor on the eleventh of September, executed a bond as such, which was approved by the County Judge on the first of October, 1880, and on the eighteenth of the same month took the oath of office.
Pie failed to give bond, as collector, before the first Monday of January, 1881, as required bylaw. The clerk of'the-County Court notified the Governor of the failure, and the-Governor, on the eleventh of January, 1881, appointed and commissioned John P. Falconer as…
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