State ex rel. Culbert v. Linkhauer

The appellant filed in the lower court an information in the nature of a quo warranto to oust the appellee from the office of sheriff of Jay county. A demurrer, for the want of sufficient facts, was sustained to the information, and that ruling is the only assigned error. The material facts presented by the information were that one Gillum was elected in 1892, to succeed himself in said office, and, after qualifying, he departed this life on December 22, 1892. On the 23rd day of December, 1892, the board of commissioners of Jay county appointed the appellee to the vacancy occasioned by the…