Whitmire ex rel. de bonis non of Wesson v. Langston

Citations

• 11 S.C. 381
• 1879 S.C. LEXIS 14

Syllabus

<p>1. A judge of probate elected by the qualified electors of his county, holds his office for two years only. Const., Art. IV., $ 20.</p> <p>2. The governor cannot fill a vacancy in the office of judge of probate where the unexpired term exceeds one year. Const., Art. IV., $ 11.</p> <p>8. When a judge of probate rightfully receives a bond belonging to his office, which he collects after his term has expired, but while still assuming* during a vacancy, to discharge the duties of the office, and fails to turn over either bond or money to his successor, when elected, such failure to. turn over is a devastavit for which his sureties are liable.</p> <p>4. If Section 2 of act of February 14th, 1870, (14 Stat. 338,) was intended to. apply to the office of judge of probate, it is to that extent unconstitutional and void.</p>