Haggerty v. Marion County Election Board

Separate Opinion.

Arterburn, J.

— This is an appeal from an action brought by the appellant against the appellee for a declaratory judgment for an interpretation of certain sections of the constitution and statutes of the State of Indiana pertaining to the filling of vacancies in the office of sheriff and for the placing of such office on the ballot for an election.

The facts, as stipulated, are that James Hiner was elected in the November general election of 1962 to the office of sheriff of Marion County for a term of four years, to expire December 31, 1966. He assumed the duties of that office…