Sempliner v. Fitzgerald

The meritorious question involved in this appeal is, "When a vacancy in the office of circuit court commissioner occurs on January 2, 1941, preceding the general election of April, 1941, and is filled by appointment of the governor under 3 Comp. Laws 1929, § 13718 (Stat. Ann. § 27.241), may a successor be legally elected at such general election?"

The contention of appellant is in the negative.

The contention of appellee is contra.

Appellant also contends that the office of circuit court commissioner is a State office and that the appointment by the governor to fill vacancy is controlled by 1…