Montgomery v. Little
Supreme Court of Arkansas
’Appeal from Miller Circuit Court. Joel D. Conway, Judge. STATEMENT BY THE COURT. The appellant, Montgomery, was appointed by the governor clerk of the county of Miller and ex officio clerk of the court of probate of said county of Miller on the 31st of October, 1900. The appellant, J. D. Sanderson, at and before the time of the appointment of Montgomery, held the office'of circuit clerk,-and ex officio clerk of the probate and county courts, of said county of Miller,…
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’Appeal from Miller Circuit Court. Joel D. Conway, Judge. STATEMENT BY THE COURT. The appellant, Montgomery, was appointed by the governor clerk of the county of Miller and ex officio clerk of the court of probate of said county of Miller on the 31st of October, 1900. The appellant, J. D. Sanderson, at and before the time of the appointment of Montgomery, held the office'of circuit clerk,-and ex officio clerk of the probate and county courts, of said county of Miller, claiming title by virtue of his election to the office of circuit clérk on September 3, 1900. At said election, Sanderson had…
1Opinion of the Court
'Hugi-iiss, J.,
(after stating the facts). The question is, which of these three was entitled to the office of probate and county clerk of Miller county?
Appellant Montgomery contends that there was a vacancy in the office when it was first officially shown by the last federal " census that said county had a population exceeding 15,000; that this was first legally shown on the 3d day of October, 1900; that the governor had the right to fill it by appointment, and that appellee Little was not legally elected to said office; that when it was officially ascertained by the last federal census that…
2Cited by2 opinions
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