Graham v. Lockhart

This is an action in the nature of a quo warranto commenced by Mortie A. Graham against Lynn Lockhart to try the right to the office of member of the Industrial Commission. Tbe facts are fully set forth in the pleadings and are as follows: One J. Ney Miles, prior to January 8, 1938, was a duly appointed and acting member of the Industrial Commission. On that day his term of office expired and the Governor of the state “attempted,” as alleged in the complaint,

“to appoint the plaintiff ... to succeed said J. Ney Miles, but the Senate . . . was not then in session to act upon or confirm said…