State ex rel. Attorney General v. Heidorn

By this information respondent is charged-with having usurped the office of county treasurer of St.. Louis county. By his answer he claims to hold the office-by virtue of his appointment, on the 27th day of September, 1881, by the county court of said county to fill a va*411caney in said office occasioned by the death of Frederick A, Heidorn on the 18th day of September, 1881. There was a demurrer to the answer, which presents the question to be determined.

By section 4, page 226, General Statutes of 1865, of the act in relation to county treasurers : “ In case of vacancy in the office of…