McWilliams v. Madison County

Opinion of the Court by

Chief Justice Dietzman—

Affirming.

In December, 1981, Albert Bogie, the sheriff of Madison county, died. Thereafter the appellant, John McWilliams, was appointed sheriff of Madison county to serve, as section 152 of the Constitution and section 1522 of the Statutes prescribe, until the regular election in November, 1932, when a successor to fill out the unexpired term of Albert Bogie must be elected. McWilliams brings this suit under the Declaratory Judgment Act (Civil Code of Practice, sec. 639a-1 to 639a-.12), to have it determined whether he can collect the 1932 state…