132 Tenn. 554 | Tenn. | 1915
delivered the opinion of the Court.
It is fully proven, and not denied, that McCutcheon was a defaulter as previously stated. In view of this fact, his election was absolutely void under the Con-
There was another case argued at the present term, brought by Hogan against McCutcheon, wherein complainant sought to enjoin McCutcheon from taking the office. It was properly held in an opinion filed by Mr. Special Justice Franz that the chancery court had no jurisdiction, since the bill referred to was but an effort to contest the election of McCutcheon; the ineligibility of a person having the highest number of votes being-one ground of contest in order that the election may be declared void, as shown by well known cases in this State. The chancery court has no power to entertain
The case now before ns for decision is not in any sense an election contest, but a direct suit against the county for salary due. In such a case the fact may be proven that the person who was nominally elected, and who gave bond and took the oath of office, was a defaulter, and hence not a de jure officer, but only an officer de facto. Such proof being made, the consequences already mentioned naturally follow.
It results that the decree of the chancellor must be affirmed, with costs.