State Ex Rel. Summer v. Mitchell

This is a proceeding in quo warranto instituted on the private relation of the claimant to an elective county office, the Attorney General having refused to j'oin in same.

Where a county officer was elected at the general election of 1932 for a four-year term of office and died on June 12, 1934, in the middle of his term after the holding of the June 6, 1934, primary, a vacancy in office as distinguished from a “vacancy in nomination” occurred by reason of the officer’s death, within the purview of the following para graph of Section 411 C. G. L., 354 R. G. S., as amended by Section 14 of…