State Ex Rel. Foster v. Rice

The salient facts may be briefly stated as follows:

Judge W. W. Brandon held the office of probate judge of Tuscaloosa county, and filling that office when the general election occurred in 1934 was the successful candidate to succeed himself. He died after the election and within an incumbency in office, and without qualification for the succeeding term which began in January, 1935; his failure of qualification being by reason of his death prior to the beginning of the new term to which he was elected in succession. His incumbent term did not expire until after the first Monday after the…