Narrative Opinion Summary
This case involves the removal of an individual from the position of county attorney in Saline County following a Kansas Supreme Court judgment. After the judgment on April 1, 1884, a writ of error and supersedeas bond were issued, enabling an appeal. However, before the writ of error was lodged with the clerk, the district court judge appointed another individual to the vacated position. The core legal issue was whether this appointee could be held in contempt for assuming the office, potentially violating the supersedeas. The court examined whether the writ of error acted as a supersedeas from the time of its issuance or only upon being lodged with the clerk. It was determined that the writ of error serves as a supersedeas only when lodged, and the judgment had already vacated the office before the appointee's assumption of duties. Consequently, the court ruled that the appointee could not be held in contempt as he acted before an operative supersedeas was in effect, thereby discharging the rule to show cause for contempt. This left unresolved the future status of the office for further legal proceedings.
Legal Issues Addressed
Contempt of Court in the Context of Supersedeassubscribe to see similar legal issues
Application: Moore could not be held in contempt for accepting the appointment as he acted in the absence of a lodged supersedeas, which means no effective supersedeas was in place at the time of his appointment.
Reasoning: The court concluded that Moore's appointment was valid, and he could not be held in contempt for acting in the absence of an operative supersedeas.
Effect of Writ of Error and Supersedeassubscribe to see similar legal issues
Application: The case demonstrates that a writ of error operates as a supersedeas only when it is lodged with the clerk, meaning any actions taken before this are not in contempt of the supersedeas.
Reasoning: The court addressed whether Moore could be held in contempt for violating the supersedeas. It referenced previous rulings indicating that a writ of error operates as a supersedeas only once lodged with the clerk...
Vacancy of Public Office Upon Judgmentsubscribe to see similar legal issues
Application: The judgment removing Foster immediately rendered the office vacant, allowing the appointment of Moore to proceed lawfully before the writ of error was lodged.
Reasoning: Therefore, the judgment had already rendered the office vacant when Moore assumed his duties.