Toy, Ex Rel. Elliott v. Voelker

This is quo warranto to try the title of respondent Paul F. Voelker to the office of superintendent of public instruction.

Dr. Yoelker was elected to the office at the general election in April, 1933, for the term of two years, beginning July 1,1933. At the general election in April, 1935, Dr. Maurice Keyworth was elected as his successor for the term beginning July 1, 1935. June 20th, Dr. Keyworth took and filed the constitutional oath of office. He did not give the bond provided in 1 Comp. Laws 1929, § 392. He died June 22d. On July 1st the governor, deeming the office vacant, appointed…