Smith v. Snell

*188The opinion of the court was delivered by

Hoch, J.:'

In view of the public interest involved, this case was considered, decided, and the decision announced soon after it was heard at the July session. It was then stated that the opinion would follow at a later date.

The action is an original proceeding in quo warranto, in which the plaintiff seeks to oust the defendant from the office of probate judge. The question presented is whether upon the death of a probate judge-elect, before the beginning of the term for which he has been elected and before he has qualified for the office, the governor…