State ex rel. Miller v. Hadley

Miller was, in October, 1866, elected as his own successor in the office of prosecuting attorney. Ilis commission, though made out in November, was not sent to *497him, nor did he receive it until April 6, 1867, at which time he called for it.. On the 12th of April, the Governor regarding a vacancy as existing, appointed and commissioned Hadley, who immediately qualified, and on the 15th, took upon himself the duties of the office. On the same day, this information was filed, and the suit commenced.

C. C. Nave, for appellant. L. M. Campbell, for appellee.

"Was there a vacancy when Hadley was…