State ex rel. Gann v. Malone

*152At the regular biennial election in Augnst, 1912, defendant M. J. Malone was elected sheriff of Smith county, for the constitntional term of two years, and on the first Monday in September of the same year, in the nsnal manner, he was duly qualified, and entered upon the discharge of the duties of his office. At the next regular election, in August, 1914, Malone and one Hackett were opposing candidates, and Hackett was duly elected, defeating Malone by a large majority. On August 14, 1914, eight days after Hackett was so elected, he received a fatal wound and died that day, without having…