Moore v. Wesley

The opinion of the court was delivered by

Dawson, J.:

This was an action to determine whether plaintiff or defendant was entitled to the office of county attorney of Grant county.

In September, 1925, the judge of the district court appointed the plaintiff as county attorney to succeed the prior incumbent, H. W. Stubbs, who had resigned. At the next general election in November, 1926, the defendant was elected to the office of county attorney. He received the certificate, gave and filed his official bond and qualified, and on the first day of the ensuing official term, January 10, 1927, entered…