State on the Information of Crain v. Moore

Quo Warranto. The appellant, E. K. Peebles, was elected recorder of deeds of Christian County at the general election in November, 1934, but the Secretary of State refused to commission him because of the enactment recently theretofore of Laws 1933, page 360, making the circuit clerk ex officio recorder in counties containing less than 20,000 inhabitants. Christian County is one of these, its population according to the census of 1930 being 13,169. The respondent, L. L. Moore, was elected circuit clerk at the same election. In due course he qualified and was commissioned as circuit clerk and…