Caudel v. Prewitt

Opinion op the Court by

Judge Thomas-

Reversing.

At the regular 1939 election, appellant, and plaintiff below, J. Sidney Caudel, was elected to the office of Commonwealth’s Attorney in the 21st Circuit Court Judical District in the Commonwealth, followed by his qualification and taking office in January, 1940. He continued to fill that position until some time in July, 1942, when he responded to a call by the President for active service in the American fighting forces, pursuant to the provisions of section 351 et seq., 10 U. S. C. A., which statute created the Officers’ Reserve Corps, the…