State v. Scott

In State v. Scott, 36 W. Va. 704, 15 S.E. 405 (1892), the Court was called upon to consider the meaning of the term "vacancy" in the context of the appointment of jury commissioners to their newly created office. Construing this word, the Court concluded that "'vacancy'" is "'a place which is empty.'" Scott, 36 W. Va. at 711, 15 S.E. at 40. The Court further recognized "'vacancy'" as "meaning 'empty' and 'void' or 'unoccupied.'" Scott 36 W. Va. at 711, 15 S.E. at 408.