Ex parte Fields
Ex parte Fields
Opinion of the Court
In 1870 a rule nisi was entered up by the District Court against all the justices of the peace of Anderson
The order nisi set out one cause of removal, but not against any particular person, and the judgment of removal is against Henry Fields individually, for quite another cause. Under the authority of ecarte King, decided at the last term of this court, we must hold that the proceedings in this case are too irregular and violative of the first principles of law and justice, to authorize a judgment depriving a party of a vested right in an office conferred upon him by the people. The judgment of the District Court, removing the plaintiff in error from the office of justice of the peace is reversed, and a judgment will be entered up here, restoring him to all the rights of his office under the law.
.Reversed and rendered.
Reference
- Full Case Name
- Ex-Parte Henry Fields
- Cited By
- 1 case
- Status
- Published
- Syllabus
- A rule nisi was entered up against all the justices of the peace of A. county, without naming them, to show why they should not be removed from, office, for .failing as members of the police court to rescind a certain order ; whereupon a citation issued to F. to appear and show cause why he should not be removed from the office of justice of the peace of precinct number two, for drunkenness and malfeasance in office, and he, failing to appear, judgment by default was entered up against him, removing him from office fpr habitual drunkenness. Held error, because the entire proceeding by such a rule nisi was irregular and unwarranted by law; and also because the judgment of removal was for a different cause than that set out in the rule nisi. A writ of restitution is awarded by this court.