
    SEXSMITH v. CHAPPELL.
    No. 4734.
    Opinion Filed February 4, 1913.
    (130 Pac. 282.)
    1.. CLERKS OF COURTS — Comity Officers. Tbe office of clerk of tie superior court is a county office.
    2. SAME — Terms—Repeal of Statute. Section 8 of tie act of Marci 6, 1909 (Sess. Laws 1909, e. 14, art. 7; ciapter 24, art. 4, sec. 1972, Comp. Laws 1909), in so far as it affects tie term of tie clerk of tie superior court, is repealed by section 19 of tie act of Marci 19, 1910 (ciapter 69, Sess. Laws 1910, pp. 129, 137).
    3. SAME — Election. Tie laws in force in tiis state at tie time of tie iolding of tie election for county officers in November, 1912, provide for tie election of tie clerk of tie superior court.
    (Syllabus by tie Court.)
    
      Error from District Court, Garfield County; James B. Cullison, Judge.
    
    Action by M. T. Sexsmith against H. E. Chappell. Erom the judgment, Sexsmith brings error.
    Reversed and remanded, with instructions.
    
      
      Parker & Simons, for plaintiff in error.
    
      McKeever & Walker and Robberts, Curran & Otjen, for defendant in error.
   WILLIAMS, J.

This proceeding in error seeks to have reviewed the judgment of the trial court adjudicating the title to the office of clerk of the superior court of Garfield county.

The same question involved in this case has this day been determined by this court in Beaty v. State ex rel. Lee, post, 130 Pac. 956, in favor of the contention of defendant in error.

The case is reversed and remanded, with instructions to grant a new trial, and to award the possession of the office of clerk of the superior court of 'Garfield county to the plaintiff in error.

All the Justices concur.  