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BECKLER v. STATE

280 S.W.2d 913 (1955)

Tom BECKLER et al. v. STATE of Tennessee ex rel.

Supreme Court of Tennessee.

June 10, 1955.

Attorney(s) appearing for the Case

John C. Prince, Benton, Frank N. Bratton, Athens, for appellant.

Charles S. Mayfield, Cleveland, for appellee.

TOMLINSON, Justice.

A statute applicable to Polk County provides that its County Road Superintendent shall be elected by its Quarterly Court. The number of Justices authorized for membership on that Court is ten. One of those ten died on July 5, 1954, thereby reducing its then actual membership to nine. On July 19, 1954 that body of nine actual members purported to elect A.W. Gregory, appellee here, its Superintendent of Roads. Five members of that Court voted for...

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