Legal Opinion

Hill v. Goodwin

Supreme Court of Arkansas

Decided April 15, 1907PublishedCited by 5 opinions

Appeal from Union Circuit Court; Lawrence A. Byrne, Special Judge; 1. The Third Amendment to the Constitution was never legally adopted, and the Governor has no power to fill a vacancy. Rice v. Palmer, 78 Ark. 432. 2. Nor could the Governor declare a vacancy under section 2631, Kirby’s Digest, as construed in Taylor v. State, 1 Ark. 20, No appointed officer, since the Constitution of 1874, can lawfully succeed an elected officer holding after his term has expired.

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Appeal from Union Circuit Court; Lawrence A. Byrne, Special Judge; 1. The Third Amendment to the Constitution was never legally adopted, and the Governor has no power to fill a vacancy. Rice v. Palmer, 78 Ark. 432. 2. Nor could the Governor declare a vacancy under section 2631, Kirby’s Digest, as construed in Taylor v. State, 1 Ark. 20, No appointed officer, since the Constitution of 1874, can lawfully succeed an elected officer holding after his term has expired. That kind of tenure can only be terminated by a judgment of a court of competent jurisdiction, or by successor duly .appointed or…

1Opinion of the CourtBattue, J.

The circuit court found the facts in this case as follows :

“The complaint alleges, in substance, that at a general election held in September, 1902, defendant, Hill, was elected to the .office of county treasurer of Union County; that he acted as -such treasurer during the first term of two years; that he failed -to account for moneys coming into his hands as such treasurer, and on the 14th day of September, 1904, Hill and his bondsmen were cited by the county court to make settlement and to produce the funds for the purpose of being counted by the county .-court; but (that) he failed to…

2Cases cited1 opinion

  1. Boyett v. CowlingSupreme Court of Arkansas · 1906

3Cited by5 opinions

  1. Opinion No., Arkansas Attorney General Reports1990
  2. Opinion No., Arkansas Attorney General Reports1998
  3. Opinion No., Arkansas Attorney General Reports2003
  4. Opinion No., Arkansas Attorney General Reports2010
  5. Opinion No., Arkansas Attorney General Reports1996

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