Middleton v. Miller County
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo. B. Hayme, ■Judge; 1. The judgments in both cases are erroneous, arid should be reversed. Kosminsky was not an officer, but a mere employee. He did not hold over.
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Appeal from Miller Circuit Court; Geo. B. Hayme, ■Judge; 1. The judgments in both cases are erroneous, arid should be reversed. Kosminsky was not an officer, but a mere employee. He did not hold over. K. & C. Dig., § 629; Const., art. 19, § 5; 22 Ore. 142; 29 Pac. 356; 29 Cyc. 1365-6; 87 N. Y. Supp. 144; 59 N. E. 353; 124 U. S. 303; 103 Id. 5; 17 Ark. 332. 2. Kosminsky ceased to be health officer by limitation of his appointment and Middleton performed the services and his claim should be allowed. K. & C. Dig., § 4739. 'Kosminsky was an officer and was reappointed by the State 'Board of…
1Opinion of the CourtMcCULLOCH, C. J.
The General Assembly of 1913 enacted a statute entitled “An Act for the Better Protection of the Public Health, and for Other Purposes,” and there is a provision therein for a State Board of Health and for county health officers. Acts 1913, page 348. The section relating to the county health officer reads as follows :
“Section 13. Be it further enacted, that the office of county physician and county boards of health shall be abolished within the several counties of this State, and that instead the office of county health officer is 'hereby created in each county within this State; provided,…
2Cases cited3 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- Hall v. WisconsinSupreme Court of the United States · 1880
- Lucas v. FutrallSupreme Court of Arkansas · 1907
3Cited by12 opinions
- Maddox v. StateSupreme Court of Arkansas · 1952
- Martindale v. HoneySupreme Court of Arkansas · 1976
- Kosek v. Wilkes-Barre Township School DistrictSuperior Court of Pennsylvania · 1933
- Bean v. HumphreySupreme Court of Arkansas · 1954
- State Ex Rel. Nagle v. PageMontana Supreme Court · 1934
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