
    Case 17 — PETITION ORDINARY
    June 20.
    Smith v. Cochran.
    APPEAL FROM JEFFERSON COURT OF COMMON PLEAS.
    1. Usurpation of the office of commissioner of the Louisville Chancery Court. — All appointment to the office of commissioner of the Louisville Chancery Court when there was no vacancy in said office was ultra-judicial and void.
    2. Such appointment being a legal nullity, it can not require reversal, or present any obstruction to an action for usurpation of office against such appointee.
    4. The Jefferson Court of Common Pleas has jurisdiction of a proceeding for the usurpation of his office, by the commissioner of the Louisville Chancery Court, against one who was improperly appointed to his said office when it was not vacant.
    Bullock & Anderson, Muir & Bijur,' I. & J. Caldwell, . . . For Appellant.
    
      E. S. Worthington, y Thos. B. Fairleigh, V.......For Appellee. D. M. Armstrong, )
    
    This case was argued and heard in conjunction with the next preceding case, which see for authorities used in both cases.
   JUDGE ROBERTSON

deritered the opinion of the court.

This action was brought by Thomas P. Smith against Robert Cochran for alleged usurpation of the office of commissioner of the Louisville Chancery Court.

The court of common pleas dismissed the petition for supposed want of jurisdiction, on the ground that the appointment of Robert Cochran by the chancellor was a judicial act which until reversed is authoritative and conclusive collaterally.

We, do not concur with the court below. If, as just adjudged, there was no vacancy, the chancellor had no jurisdiction to appoint Robert Cochran. The appointment was therefore Wiro-judicial, and void; and such a legal nullity can not require reversal, or present any obstruction to this action.

Wherefore the judgment of dismissal is reversed, and the case remanded for further proceedings.  