Peter Vivian Daniel, Cocke v. Halsey — Opinion of the Court
“ To ascribe to them an intention to restrict the duties of a clerk pro tempore to the session of the court, would be imputing to them an act of utterly useless legislation; since none can fail to perceive, on looking into the law, that the duties of the clerk of probate are as extensive and as important, during vacation, as they are during term-time ”
Peter Vivian Daniel, Cocke v. Halsey — Opinion of the Court
“ That if the deed of trust was properly and legally recorded, then it was admitted, that the judgment in question was not a lien upon the property conveyed by the deed, and the trustee was entitled to the same; otherwise, if the deed was not legally recorded, the property was subject to satisfaction of the judgment. Upon this question, the court below adjudged that the trust-deed was not duly recorded; that the acts of Puller, as clerk pro tempore, in recording the deed, were without authority of law, and altogether void; and so instructed the jury. ”
Peter Vivian Daniel, Cocke v. Halsey — Opinion of the Court
“ In support of the decision of the circuit court, it has been insisted, that the power of the judge of the probate court to appoint a clerk of probate pro tempore, is limited to the term of the court, and to the exigencies and necessities of the term; and does not extend to a period beyond the term, nor to any acts performed by the person so appointed, out of court. ”
