State Ex Rel. Wells v. Atwood.

Holt, Justice.

An information in the nature of quo warrmvlo to test the right of respondent to the office of railroad and warehouse commissioner was filed in this court. Without moving to quash, respondent answered. These are the admitted facts: At the general election in November, 1932, Knud Wefald was elected to the office of railroad and warehouse commissioner for the term expiring on the first Monday in January, 1939. He qualified and served as such until October 25, 1936, when he died. At the general election held November 3, 1936, the official ballots provided no space or place to vote…