State Ex Rel. Chapman v. Truder

OPINION OF THE COURT'

BICKLEY, C. J.

This was an action brought by the appellee, against appellant, the district attorney of the Fourth judicial district, for unlawfully intruding into the office of mayor of the city of Las Vegas. His position is that when appellant, the mayor of the city of Las Vegas, became the elected, qualified and acting district attorney' aforesaid, the office ’ of mayor became vacant by virtue of subsection 8 of section 96 — 107, 1929 Comp., providing that an office of the class here involved becomes vacant by the incumbent “accepting and undertaking to discharge the…