Toy, Ex Rel. Elliott v. Voelker

Dr. Keyworth died before entering upon the duties of his office. Dr. Voelker, the incumbent, was elected to “hold office for a period of two years * * * and until his successor is elected and qualified.” Constitution 1908, art. 11, § 2. Dr. Elliott, the relator, has never been elected to the office.

“In People, ex rel. Andrews, v. Lord, 9 Mich. 227, and Lawrence v. Hanley, 84 Mich. 399, the court held that the death of a person elected to office before he qualified and entered upon the duties of his office created no vacancy, and the reason was simply because there was an incumbent of the…