State Ex Rel. Rollings v. Ritzius

delivered, the opinion of the Court.

This is an action for the writ of mandamus, to compel the defendant, Mrs. Ritzius, incumbent of the office of County Superintendent of Grundy County, to surrender the office to the relator, claiming title thereto by virtue of his election at a regular election held in August, 1930'. From a decree sustaining the title of the relator, the defendant has appealed to this court.

While the original contention of Mrs. Ritzius appears to have been grounded upon an alleged lack of qualification on the part of the relator to hold the office, the assignments of error…