State Ex Rel. Gahl v. Lutz

Relator contends that George A. Lntz, Sr., had no legal right to unqualify himself, once having qualified; that the board of county commissioners had no power to consent to the cancellation of the bond, once it was approved, accepted and filed; that the act of unqualification was illegal and void; that the vacancy in the new term did not therefore occur until after January 4, 1937; and that, consequently, the second appointment of George A. Lutz, Jr., for the term commencing on January 4, 1937, was invalid.

Consideration of these contentions is not neces'sary for the determination of the…