Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 79

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 79

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...and regular sessions, frequently recognized him as sherifi and his acts as valid. At one time after the Act of 1915, providing for the designation of depositories of the public funds, it allowed him to reduce the penalties in his bonds, and approved the bonds when so modified and reduced in penalties; and lastly, on September 6, 1916, at a regular session of the court by an order directing notice of the election to fill the vacancy caused by the death of said Wallace, late sheriff, the due appointment and qualification of respondent, as sheriff to serve until the next general election, and that he had been duly appointed and qualified, and had served in that capacity and with full power and authority in that behalf, was declared and thereby spread upon the court record. So we hold that regardless of the question of the validity of the original appointment of respondent, his appointment has been ratified and confirmed by the court, and that at the time of the election and qualification of petitioner he was not a de facto officer, but de jure sheriff of said county, and entitled to exercise and perform all the duties of the office. The next point relied on is that regardless of the question of validity or invalidity of his appointment, respondent is not a retiring sheriff, within the meaning of the constitution and statutes, and that in addition to the ofiice fixtures and furniture and other property surrendered to petitioner he is bound also to turn over to him all the tax tickets and tax books for uncollected taxes, and also the delinquent tax records certified to him by the auditor, and also all moneys on deposit in the depositories designated by him and the county court, without other authority than the fact of his election and...
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Product details

  • Paperback | 346 pages
  • 189 x 246 x 18mm | 617g
  • United States
  • English
  • black & white illustrations
  • 123688082X
  • 9781236880826