Frost v. Johnston

Opiníon op the Court by

Creal, Commissioner—

-Affirming.

J. J. Davis, county judge of Jackson county, died °u January 1, 1936, and on January 4, 1936, the justices of the peace <of that county met in special session for the purpose of filling the vacancy caused by the death of Judge Davis, and by a vote of majority of the members of the fiscal court present, R. H. Johnston was appointed to the place. Thereafter, on January 7, the Governor appointed and commissioned John (Jack) Frost to fill the vacancy.

On January 8, Johnston instituted an action against Frost in the Jackson circuit court setting…