State Ex Rel. Wheatley v. Kirk

This is the second time this controversy comes into this court. The relator now raises a constitutional question not adjudicated in the other case.

The relator claims three new questions are in this case and states them substantially as follows: (1) Does Section 2 of Article XVII, of the Constitution prevent Kirk from holding over? (2) Was there such a vacancy in the office of County Engineer of Columbiana county on March 4, 1938, as could be filled by appointment by the Board of County Commissioners? And (3) Was Kirk duly qualified by bond?

Since the question of bond could have been raised in…