Means v. Terral
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; Notwithstanding the failure of the Governor to call a special election, the commission issued to the present incumbent expires upon the election of a judge at the approaching general election to fill the unexpired term.
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Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; Notwithstanding the failure of the Governor to call a special election, the commission issued to the present incumbent expires upon the election of a judge at the approaching general election to fill the unexpired term. Const. 1874, art. 7, § 50. General elections are more in keeping with our system of government than special elections and in the event a general election occurs before the calling of a special election the necessity of the latter is obviated. 15 Ark. 664. 1. The vacancy can only be filled at a special…
1Opinion of the CourtMcCulloch, C. J.
A vacancy occurred in the office of Judge of the Seventh Judicial Circuit by the death of the incumbent in June, 1919, and the Governor made a temporary appointment to fill the vacancy, pursuant to the authority conferred on him by statute. Kirby’s Digest, § 7991. The Governor has not called a special election as provided in the Constitution (article 8, section 50) and the question presented im the present case is whether or not an election to fill the vancancy for the unexpired term can be held at the approaching biennial general election on November 2, 1920, without a proclamation by the…
2Cases cited4 opinions
- State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886
- Cobb v. HammockSupreme Court of Arkansas · 1907
- State ex rel. Attorney General v. StevensonSupreme Court of Arkansas · 1909
- State ex rel. Wood v. CothamSupreme Court of Arkansas · 1914
3Cited by10 opinions
- Stafford v. CookSupreme Court of Arkansas · 1923
- McCraw v. PateSupreme Court of Arkansas · 1973
- Laster v. PruniskiSupreme Court of Arkansas · 1957
- Opinion No., Arkansas Attorney General Reports2001
- Opinion No., Arkansas Attorney General Reports2001
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