State v. Sorrells
Supreme Court of Arkansas
Writ of Quo Wa/rrmto. The only question to be determined in this case, is, whether the resignation of Josiah Gould, in 1851, created a vacancy in the office of Circuit Judge of the 2d Judicial Circuit, or a vacancy in bis term of that office.
Read the full summary
Writ of Quo Wa/rrmto. The only question to be determined in this case, is, whether the resignation of Josiah Gould, in 1851, created a vacancy in the office of Circuit Judge of the 2d Judicial Circuit, or a vacancy in bis term of that office. Authorities to show that it created a vacancy in the office: Sec. 7, amt. 6 Const.; The State vs. Seott, 4 Eng. 176/ Story's Com. on Const., seos. 181, 182, 183 cmd 210, 212/ 2 El, Com, 116/ Acts of 1848, page 9/ Const., p. 52/ Hughes vs. Buckingham, 5 8m. do Marsh. 632/ Johnson vs. Wilson et al., H. Hamp. H. 202/ Am. Big. 398/ Rill vs. The State, 1 Ala.…
1Opinion of the CourtChief Justice English
Upon the order of the Attorney General, the clerk of this court issued a writ of quo warrmito against Thedorie F. Sorrells,, requiring him to show by what warrant he exercises the office of Judge of the 2d Judicial Circuit, of this State.'
The plea of Sorrells, in response to the writ, alleges, that on the first Monday of February, A. D. 1849, an election was held in the several counties composing said circuit, for the election of a judge thereof, under the provisions of the act of ^th December^ 1848, entitled an uact to divide the State into Judicial Circuits, to provide for the election of…
2Cases cited2 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
3Cited by4 opinions
- Mears v. HallSupreme Court of Arkansas · 1978
- Cobb v. HammockSupreme Court of Arkansas · 1907
- McKeown v. StateSupreme Court of Arkansas · 1939
- Mears v. HallSupreme Court of Arkansas · 1978