Lewis v. Smith

We hold that county clerks, as ex-officio clerks of the probate court, continue as such under Constitutional Amendment 24, until otherwise provided by the General Assembly.

Roy H. Lewis and L. B. Smith are, respectively, county clerk and circuit clerk of Union county. To Smith’s petition for mandamus to compel Lewis to surrender all books, papers, records, and documents pertaining to the probate court, Lewis demurred. The demurrer was overruled. There was an order directing the county clerk to deliver the probate records to the circuit clerk. This was error.

To determine the relative status of…