Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 3; V. 50) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1872 Excerpt: ... Thomas Pope el ah. v. Foyster Phifer et als. Peace," in article 7, sec. 1, of the Constitution of 1834, was meant precisely the same thing as "County Court," in article 6, of the Constitution of 1796. This view of the case is strengthened by the fact that there is no provision for their special assemblage for the purpose of performing the duty with which they are hero charged in the election of these officers; and it certainly was not contemplated that their election was to be by the Justices, each voting or choosing in his separate district, without concert with his co-Justices of the same county. Contemporary construction, as given by the action of the Legislature, and of the people or Justices in the election of their officers after the adoption of the Constitution, strengthen and confirm this view of the case. We find in the compilation of our statutes, made under the direction of the Legislature in 1836, immediately after the Constitution went into effect, that the act of 1829, c. 37, is continued. That act provides, "it shall be the duty of the several County Courts in this State, at any time when a vacancy shall happen, to elect one Ranger," etc.; and at the head of the chapter--Constitution of 1834, art. 7, sec. 1--is referred to for the constitutional provision giving the authority for the election: See Car. & Nic, p. 560. As to Coroners, the act of 1785, c. 3, was continued in said compilation, "that each Coroner shall, before the Justices in court, enter into bond," etc., sec. 6; See Car. & Nich., p. 186, and under the title "County Court," will be found the act of 1817, c. 48, s. 8, providing that "all elections for Rangers and Coroners shall take place on the second days of the Term, as formerly, on which Thomas Pope et als. v. Foyster Phifer e...