Stawitz v. Nelson

The opinion of the court was delivered by

Price, J.:

The question in this case is — who is legally entitled to the office of marshal of the Court of Topeka?

The facts are not in dispute.

At the November, 1958, general election one Marion T. Doss was elected to the office and assumed the duties thereof.

As a result of the August, 1960, primary election, Emil E. Stawitz was the Republican nominee for the office and Harry E. Nelson was the Democrat nominee.

Doss resigned as marshal effective September 10, 1960. Governor Docking appointed Nelson to fill the vacancy, the certificate of appointment…