State Ex Rel. Foster v. Rice

Judge Brandon was elected probate judge in 1928 and was re-elected November 6, 1934, and the result of his election on said November 6, 1934, had been duly and legally declared. Brandon died December 6, 1934, before filing a bond and taking the oath of office, but he was making arrangements with a surety company for such bond which would have been given and filed December 18, 1934. On December 14, 1934, Gov. Miller, after receiving proof of the death of Judge Brandon, appointed the respondent, Fleetwood Rice, to said office.

That there was a vacancy in the office is beyond question, but as to…