State ex rel. Hunker v. West
State ex rel. Hunker v. West
Opinion of the Court
This-was an information in quo warranto filed by the county attorney of Cuming county, Nebraska, to test the
The only question involved in the controversy is as to the proper appointing power when a vacancy occurs by resignation in a board of supervisors in a county under township organization. It appears from the information that a vacancy occurred in the board of supervisors of Cuming county on account of the resignation of the member from the third supervisor district of said county. After this vacancy occurred the county clerk, the county treasurer and the county judge attempted to fill the vacancy by the appointment of Owen Kane, who immediately filed his bond, subscribed to the oath of office and demanded the office. The remaining members of the board of supervisors refused to recognize the appointment so made, and proceeded to appoint the respondent, Frank West, who immediately qualified and entered upon the discharge of his duties under the appointment made by the members of the board. Relator claims that the appointment in this case should be made as provided for in section 103, chapter 26, of the Compiled Statutes of 1897. In the case of the State v. Taylor, 26 Nebr., 580, it was held that this section of the statute did not apply to vacancies in a board of supervisors in a county under township or ganization under the law as it existed in 1883. It was there held that a supervisor, in respect to his election and appointment, was a township and not a county officer. Chapter 28 of the Laws of 1895, which is now chapter 18, article 4, of the Compiled Statutes of 1899, repealed all former acts governing township organization and substituted a new and complete act in lieu thereof. Section 7 of this act provides: “The county commissioners of any such county having adopted township organization shall each be assigned to the supervisor district in which he may
It is therefore recommended that the judgment of the district court be affirmed.
For the reasons stated in the foregoing opinion the judgment of the district court is
Affirmed.
Reference
- Full Case Name
- State of Nebraska, ex rel. F. D. Hunker v. Frank West
- Cited By
- 1 case
- Status
- Published