Toy, Ex Rel. Elliott v. Voelker

The attorney general, upon the relation of Dr. Eugene Elliott, filed an information in the nature of quo warranto to try the title of the respondent, Dr. Paul F. Yoelker, to the office of superintendent of public instruction.

Dr. Voelker was elected to the office at the general election in April, 1933, for the term of two years beginning July 1, 1933; and at the general election in April, 1935, Dr. Maurice R. Keyworth was elected to be his successor for the term beginning July 1, 1935.

On June 20, 1935, Dr. Keyworth took and filed the constitutional oath of office, but did not give bond as…