State Ex Rel. Middleton v. Scott Circuit Court

—At the general election of November, 1936, the Honorable Frank Gardner was elected judge of the sixth judicial circuit. He qualified and held the office until February, 1937, when he died. Thereafter on the 10th of March, 1937, the respondent, William Fitzgerald, was appointed by the Governor to fill the vacancy. He qualified and has since presided and held the office of the judge of the 6th judicial circuit.

At the election in November, 1938, the said William Fitzgerald was a candidate to succeed himself and Fred S. Matthews was also a candidate for the office of judge of the 6th judicial…