McIntyre v. Iliff

The opinion of the court was delivered by

Doster, C. J.:

This is an original proceeding in quo warranto to try the right to the office of probate judge of Linn county. Ever since the organization of the state the statute has required the election of probate judges for the full term of the office to be held in the even-numbered years. At the general election in November, 1900, one J. Q. Kennedy was elected probate judge of Linn county. He qualified and entered oh the duties of the office, but soon thereafter died. The governor appointed the defendant, J. M. Iliff, to fill the vacancy. He…