State Ex Inf. McKittrick v. Wilson

— This is a proceeding in quo warranto instituted in this court by the attorney general as relator to determine respondent’s right to hold the office o'f clerk of the circuit court of Henry County. The respondent was appointed to this office by the governor on April 4, 1942 and was commissioned “to fill the vacancy in the office.”

At the general election in 1938 one John R. Wall was elected circuit clerk for the usual term of four years. He discharged the duties of his office until February 16, 1942 when he was inducted under the Selective Service Act into the Army of the United States as a…