Noel v. Cunningham

This is. a proceeding in the nature of quo warranto to determine the title to the office of state’s attorney of Hyde County. At the general election held in November, 1938, M. Harry O’Brien was elected to that office and entered upon the discharge of the duties of the office on the first Monday in January, 1939, and. continued in such office until his death, which occurred on April 27, 1940. Appellant, C. E. Noel, was appointed by the board of county commissioners to fill the vacancy. Appellant qualified and entered upon discharge of the duties of the office. At the time of his death, M.…